HomeMy WebLinkAboutMay 11, BOCC Agenda ItemsBoard of County Commissioners
Public Hearing Exhibits
1041 Designation and Text Amendments - Gravel and Mineral
Resource Areas
May 4,2020
Exhibit #Exhibit Description
1 Staff Memo
2 Article 14 - Proposed l04l Amendments and Designation
3 Article 15 - Proposed Definition Ame ndments
4 Other Associated Land Use Code Text Amendments -
Articles 3 and 7
5 Garfield County Land Use and Development Code, as
Amended
b Garfield County Comprehensive Plan of 2030
7 Public Notice - Proof of Publication - 1041 Designation
I Public Notice - Proof of Publication - Land Use and
Development Code Amendments
I Public Comments - Received April 1,2020
10 Resolution from the City of Glenwood Springs
11 Referral Comment from Town of Parachute Mayor - Roy
McClung
12 Referral Comment - Colorado Parks and Wildlife
13 Public Comments from Planning Commission Public Hearing
- April 22,2020
14 Map of Mineral Resource Areas
15 Resolution from the Town of New Castle
16 Public Comments Received for Board of County
Commissioner Hearing
17 Resolution for Designation of Mineral Resource Areas and
Article 14 Updates
18 Resolution for Adoption of Other Associated Land Use and
Development Code Amendments
19 Referral Comment from Town of Parachute - Stuart
McArthur
Gurfield Coúlnty
TO
MEMORANDUM
Garfield County Board of County Commissioners
Sheryl Bower, AICP, Community Development Director
Glenn Hartmann, PrinciPal Planner
Patrick Waller, AICP, Senior Planner
May 4,2020
public Hearing for the consideration of the designation of 1041 Powers for Mineral
Resource Areas
FROM:
DATE:
SUBJECT:
And
public Hearing for consideration of Amendments to the Garfield County Land Use
and Development Code of 20L3 as amended, including but not limited to Articles
3,4,7,14, and L5 in regard to "Extraction, Gravel" and "Extraction, Mining and
Other".
Background
On November 18, 2}tg, the Board of County Commissioners adopted a six-month moratorium
on new or amended applications for gravel and mining extraction in Garfield County (Resolution
2019-58). The Resolution describes the Purpose of the Moratorium as cited below:
2. purpose. The purpose of this Moratorium is to provide the Commission with proper tools
to protect the pubtic health, sofety ond welfare of the residents oÍ Garfield County ond to
protect noturol resources, environmentolly sensitive lands, ond to conserve and preserve
the charocter of the CountY.
Additionally, as part of the Moratorium Resolution, the BOCC directed Staff to review existing
Land Use and Development Code regulations regarding gravel and mining extraction uses.
L
on January 29th the Bocc held a work session with staff and Barbara Green Esq, a consultant
hired to assist staff with the development of regulations. At the work session, information was
presented on existing codes, along with a discussion on how the County could utilize it's 1041
powers to adequately review significant mining operations'
1041 powers are derived from State Statute and allow local jurisdictions to regulate Areas and
Activities of State lnterest. This can include the regulation of Mineral Resource Areas. The
regulation can be applicable to uses on private property and federal property'
On March 25th and April 1't the planning Commission and Board of County Commissions held joint
work sessions to discuss the draft proposed changes to the Land use and Development code as
well as the adoption of 1041for Mineral Resource Areas'
On April 22nd,in a public Hearing, the Planning Commission unanimously (7-0) recommended
approval of the proposed 1041Text Amendments'
RECAP 1041 Regulations
The L04L Section of the Land use and Development code functions as a stand-alone code section,
covering process, criteria, and submittal requirements. The existin g IO4L regulations include
specific levels of review, depending on prescribed thresholds. lt is possible for an application to
be processed as either a Finding of No Significant lmpact, a Minor Permit Review Process, or as a
Major permit Review process. Specific Submittal Requirements are identified and waivers from
this section are permitted with a decision by the Director as referenced in Sections 14-301, l-4-
302, and L4-303.
Garfield County has already adopted 104L Regulations for the following Areas and Activities of
State lnterest:
Sectio 14-103 A.of State I erest
t. Areas around Airports and Heliports. Specifically, the outer extremities of the lmaginary
Surfaces for the Airport or Heliport, including all lands, water, airspace, or portions
thereof which are located within this boundary. lf the Noise lmpact Boundary extends
beyond the outer extremities of the lmaginary Surfaces, the lmaginary Surfaces shall be
extended to incorporate the Noise lmpact Boundary for purposes of this Article.
2. Areas around Rapid or Mass Transit Facilities, Terminals, Stations, or fixed guideways'
Section 14-lO3 B. Acti vities of State I
2
1.. Efficient utilization of municipal and industrial water projects
Z. Site Selection and development of Solid Waste Disposal Sites except those sites specified
in C.R.S. I25-LL-2O3(1), sites designated pursuant to Part 3 of Article LL of Title 25, C.R.S',
and hazardous waste disposal sites, as defined in C.R.S. S 25-15-200.3.
3. Site Selection and construction of major new domestic water and sewage treatment
systems and major extension of existing domestic water and sewage treatment systems'
4. Site Selection and construction for Arterial Highways, lnterchanges, and Collector
Highways.
5. Site Selection and construction for Rapid or Mass Transit Terminals, Stations, or
guideways.
6. Site Selection for public Airport or Heliport location or expansion.
Staff along with Ms. Green, identified a few reasons why utilizin g IO4L regulations would be an
effective regulatory tool for considering mining operations (with the exclusion of gravel
operations). This included: providing for a one stop shop for mining regulations, the new
regulations can be effectively added to the existing L041 framework, and primarily that L041
gives the County additional tools to address the more intense and complex impacts that can be
associated with large-scale mining projects.
Specifically, the LO4L Regulations identify a comprehensive list of potential submittal
requirements (based on individual project applicability) including a Socioeconomic lmpact
Analysis, Description of Technical and Financial Feasibility of the Project, and Environmental
lmpacts - that address Air Quality, Visual Quality, Surface Water Quality, Groundwater Quality,
Water euantity Floodplains, Wetlands, Riparian areas, Aquatic Animals and Habitat, Terrestrial
plan Life, Soils, Geological Conditions, and Natural Hazards. When an applicant meets with staff
for a pre-application meeting, it will be determined which submittal requirements will pertain to
their specific project. Studies or requirements that are not relevant will be waived'
ln addition to the above noted potential submittal requirements, the L04L review criteria
addresses items that are not included in other Sections of the Land Use and Development Code
including criteria related to the financial burden on the County, Effects on the Economy,
Maintenance of Recreational Experience, Alternatives Analysis, and finding of the associated
Benefits Versus Loss of Resources. The Regulations also allow for additional use-specific
standards to be included.
Once an applicant has met with staff at a pre-application meeting, the Director will determine
what level of review will be required. Review tiers are categorized as a Finding of No Significant
lmpact (FONSI), a Minor Permit Review, or a Major Permit Review. lf a project is, without
mitigation unlikely to have any significant adverse impact, the Director may make a Finding of No
Significant lmpact (FONSI). lf a FONSI is issued, there are no further requirements under IO4t,
however the project is still subject to review by other agencies and any required building or
3
grad¡ng permits. Minor and Major reviews are differentiated by the degree in which the project
can have significant or severe adverse impacts, with a project being categorized as "Major" if it
is likely to have significant adverse impact in 2 or more categories of standards as described in
Division 5 of the L041 regulations or a "severe" adverse impact in any one category. Proposals
that do not meet the criteria of a major permit review are reviewed as minor permit review' The
Board of County commissioners (BoCC), applicant or the Director can call the determination of
level of review to the BOCC.
1041 regulations have submittal requirements and standards that apply to all activities subject
to 104j. regulations. There are also activity specific submittal requirements and standards.
Because the County,s ro4L Regulations were written several years ago, staff had asked the
consultant to suggest revisions to both the requirements/standards applicable to all 104L
activities, along with adding those that are specifically directed at mineral resources. As a result
of this request, a number of changes are proposed to the general standards'
Required StatutorY Findings
state statute requires that the Board of county commissioners consider particular issues when
deciding whether or not to Designate an Area or Activity of state lnterest. Those items are listed
below, w¡th Staff response in italics'
1. The intensity of current and foreseeable development pressures;
Garfietd County has o tremendous omount of natural resources and o long history of
extractive industries within the County. This includes the historic use of cool mines, oil shøle,
ønd the current oil ond gos industry. Recently, the County completed on Energy Resources
lnventory thot showed the significønt potential for mining activity of vorious resources in
Garfietd county. This included on onalysis of the existing conditions of o number of resources
including Coal, Aggregate, ond OilShale'
Becouse of the substontiol amount, value, ond history of notural resources within the county
there is significant current ond future development potentiol of the resources ossociated with
Mining OPerations.
2. The reasons why the particular area or activity is of state interest, the dangers that would
result from uncontrolled development of any such area or uncontrolled conduct of such
activity, and the advantages of development of such area or conduct of such activity in a
coordinated manner;
Mining projects hove the potentiol to have tremendous impocts on residents of Garfield
County. Some of these impocts ore positive - with the increosed economic development of
4
industrial resources, and associøted employment benefits. Others ore negat¡ve - including
impacts to the environment, socioeconomic impacts, nuisonce impacts, and visual issues.
Additionatly, the impocts from o project are not timited to ø particular entity's geogrophical
orea. The impacts from a lorge-scole mining project con be significont ønd cross iurisdictional
boundqries porticulorly if there is uncontrolted development. The potentiol for significant
negative impocts is why Mineral Resource Areos hove been identified by State Statutes os an
Area or Activity of Stote lnterest.
The designation of Minerol Resource Areos gives the BOCC the tools thot it needs to weigh the
net benefits ond negøtives of the project and ultimately to møke an informed decision on on
applicotion. This includes possible requirements for mitigotion that would not be possible if
the octivity proceeded in on uncontrolled manner. Without the designotion of Minerol
Resource Areos, uncontrolled development has the potential to have significant negative
impøcts on County residents.
3. Boundaries ofthe proposed area of state interest; and
The proposed designation areos have been included in web map available here: https://dota-
qorfieldcolorodo.opendata.orcois.com/paoes''opics. The oreos of the County thot ore
designated as Minerol Resource Areas are Rurol, Public Lands, and Resource Lands. These
districts encompass the vøst møjority or land within the County. Areos not included are the
remoining zone districts (Commercial/Generø1, Commerciol/Limited, Residentiol/Suburbon,
ResidentiotlJrbon, Residential Manuføctured Home Pork, lndustrial, ond Plonned Unit
Development). Also excluded are ony oreas within the tJrbon Growth Areo of o municipolity.
There are some oreas where Pubtic Lands have been included in the Urban Growth Areø of a
municipolity. ln these locations Staff recommends that the Public Lønds ore identified as
within the Mineral Resource Area.
4. Conformity with the Comprehensive Plan.
Recently the Gorfield County Planning Commission adopted an updoted version of the
Comprehensive Plon. This addressed a number of items thot are supportive of o Designation
of Mineral Resource Areas within the County. This includes:
urban Growth Areos ond tntergovernmentol Coordination - Policy 6, "The county will
continue to look for creotive ways to address regional issues ond support proiects within
or adjocent to municipalities thøt transcend political boundories, ond those proiects that
provide services for all county residents including those in unincorporated areos."
5
Economics, Employment, ond Tourìsm - Poticy 3, 'Careful consideration will be given to
the visual, troffic, ond environmental impocts of new or expanded industriol development
upon tourism, quality of tife resources, and community charocter."
Economics, Employment, ond Tourism - Poticy 5, "Direct commerciol and industrial
development to locotions which possess the oppropriote physicolfeotures ond community
focilities and services."
Natural Resources, Hobitst ond Witdlife - Policy 2, "Avoid disturbance to wildlife habitat;
where disturbance cønnot be avoided require development to fully address and mitigate
potentiol negotive imPocts."
Minerol Extroction - policy 2, "Minerol resource extraction activities will protect criticol
wildtife habitot os identified by state and federal øgencies ond preserve or mitigate
natural drainage patterns from the impacts of extroction octivities'"
The designotion of Mineral Resource Areas is in conformity with the Gorfietd County
Comprehensive Plon.
Proposed Changes to Article 14: Areas and Activities of State lnterest'
Below is a general description of proposed changes. The specific changes are shown in an edited
Article 14 Document attached to this packet.
o Added "Mineral Resource Areas" to the list of "Areas of State lnterest"'
o proposed new definitions to clearly differentiate between gravel operations (still
subject to Article 3 and 7-LOOZ of the LUDC) and Mining Operation (subject to
Article L4).
o Under Division 3' Review Process for 1041 Permit'
. Maintained the current 3 levels of review and relief'
1. A Finding of No Significance for construction/operations
that without mitigation are unlikely to have any significant
adverse imPacts.
2' Major Permit Review, when the project is likely to have a
significant adverse impact in 2 or more categories of
standards (see Division 5, l04L Permit Approval standards
or the project is likely to have severe adverse impact in any
1 categorY of standards'
3. Minor Permit review for any project which falls between a
Finding of no Significant lmpact and a Major lmpact'
6
a
4. Provides for relief from the Directors determination, via a
call uP Provision to BOCC.
Under 1,4-4Ot Description of Submittal Requirements. This section provides a list of
submittal requirements that would apply to any 1.041 minor or major review' lt should
be noted that as a part of the process, staff would go through this list with the
applicant and determining if everything specified is required. lt is not staffs intent to
ask for information that is not pertinent to the review'
14-4!2. New Section. This section outlines the additional submittal requirements
applicable to mining operations in mineral resource areas' Again, depending on the
scope of the project submittal, requirements can be waived.
Division 5. 104L Permit Approval standards. This section covers the permit approval
standards applicable to any 104L minor or major review. Most of the changes in this
section resulted from information either being moved here from other sections or
moved to other sections.
Added 14-508 Additional standards Applicable to Mining operations in Mineral
Resource Areas. This section identifies the standards that will be considered during
review of mining oPerations'
a
o
o
Location of Mineral Resource Areas
staff is proposing that mineral resource areas include the Rural, Public Lands (including Talus,
Gentle Slopes, Escarpment, Plateau) and Resource Lands Zone Districts. Lands that would not be
included are all other zoning districts, Planned Unit Developments (PUD), along with lands that
fall into a municipality,s urban Growth Boundaries (except where urban growth boundaries are
overlaid on public lands). Mining operations would not be permitted in lndustrial Zoned lands
because of the limited amount of land in the county designated as lndustrial. Additionally, mining
is not permitted in planned unit Developments as these areas are generally residential in nature'
The interactive map ts available for revrew here
s.com/ap ebappviewer /index.html?id=f4c672 4728774ehttos://sarfieldcolo do.maps.a
sd 9a 64
Other Amendments to the Code.
Amending the LUDC so that Mining operations are subject to 1041 Regulations requires
additional amendments to the other portions of the Code besides Article 14' with the
amendment to make the use subject to 104L Regulations, the LUDC needs to be updated to
remove Mining from the use table, amend the gravel definition, and to remove additional use
specific Article 7 standards - in Section 7-1003. To make the code easy to follow these sections
have been updated to identify that Mining operations are subject to 1-041 regulations as detailed
7
in Article 14. Addit¡onally, a number of updates have been made to definitions in Article 15 of the
Land Use Code.
Public, Referral Comments, and Planning Commission Recommendation
Staff received numerous comments from the Public on the proposed Text Amendments. Allwere
in favor of regulating Mineral Operations with L041 Powers. The comments are available for
review as Exhibit 9. At the planning Commission Public Hearing members of the public submitted
comments regarding the proposed application. These comments were in support and have been
attached as an Exhibit to this Memo. Finally, Staff has received a number of supportive Public
Comments since the planning Commission Public Hearing. These comments have been attached
to this Memo as an Exhibit.
The proposed Text Amendments were also sent to Garfield County Environmental Health,
Department of Reclamation Mining and Safety, and Colorado Parks and Wildlife and the local
municipalities within the County. The Town of Parachute responded with a letter from the Town's
Mayor and an additional letter from the Town Manager, both had identified concerns with the
regulations. The City of Glenwood Springs and the Town of New Castle both passed Resolutions
in support of the application. All municipal responses have been attached as Exhibits.
Planning Commission & Staff Recommendation
On April 22nd, the planning Commission recommended unanimous approval of the 1-041
Regulations for Mineral Resource Areas. This supported Staff's initial recommendation that the
regulations be adoPted.
Requirement for Separate Findings & Two Public Hearings
The Board,s Agenda includes two separate Public Hearing ltems in order to adopt the 1041
Mineral Resource Area regulations. Both hearings have been noticed according to State Statute
and Land Use Code Requirements. Staff recommends that the BOCC open the Public Hearings for
both items at the same time.
lf the Board wishes to approve the proposal, there will need to be two separate motions to
approve the two separate items on the agenda. The motions would address the following:
t. The first motion will designate Mineral Resource Areas, adopt the Mineral Resource Area
Map, and adopt the proposed regulations in Article 1-4 of the Land Use and Development
Code. A resolution has been prepared that is available for review as Exhibit 17 of this
packet.
2. The second motion will adopt the associated proposed changes to Articles 3, 7, and L5. A
resolution has been prepared that is available for review as Exhibit L8 of this packet
I
The Suggested Findings for approval have been included in the following sections'
Suggested Findings lot tO41' Designation
The Board motion to designate the 1041 Regulations should incorporate the findings below
(Referenced from Exhibit L7-Resolution):
!. That proper public notice was provided as required for the hearing before the Board
of CountY Commissioners'
2. The hearing before the Board of county commissioners was extensive and complete,
that all peitinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting'
3. The code Text Amendment is in compliance with the criteria for approval established
in Section 4-LL4 of the LUDC; and
4. That for the above stated and other reasons the proposed Code Text Amendment is
in the best interest of the health, safety, convenience, order, prosperity and welfare
of the citizens of Garfield County'
5. pursuant to section 24-65.L- 401, the Board of county commissioners further finds
that the designation of Mineral Resource Areas is necessary because:
The intensity of current and foreseeable development pressures of mineral
resource areas in Garfield County is significant; and
Mineral resource areas are appropriate areas of state interest because of the
value of mineral resources in Garfield County and the potential impacts associated
with their extraction; and
Uncontrolled development of Mineral Resource Areas is potentially injurious to
public health, safety, welfare and the environment; and development of Mineral
Resource Areas in a coordinated manner minimizes those impacts'
6. Pursuant to Section L4-2O3.8 of the LUDC, the Board considered the
a. Boundaries of the proposed area of state interest; and
b. Conformity with the Comprehensive Plan'
SuggestedFindingsforTextAmendmentstoArticles3'7'andt5
The Board motion to adopt other associated rext Amendments should reference the below
findings as provided in the Resorution drafted by staff (Referenced from Exhibit l8-Resolution):
a
b
c.
9
L That proper public notice was provided as required for the hearing before the Board of
County Commissioners'
2. The hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. That the Code Text Amendment is in compliance with the criteria for approval
established in Section 4-LL4of the Land Use and Development Code; and
4. That for the above stated and other reasons the proposed Code Text Amendment is in
the best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield CountY'
10
LUDC
2013
GARFIELD COUNTY, COLORADO
Article 14: Areas and
Activities of State
lnterest
04127 I2O2O DRAFT REVISIONS: MINING OPERATIONS
Article 14
Anrns AND AclvllEs oF Srnre lrurrRgsr
Tnele or Corurerurs
TABLE OF CONTENTS TO BE COMPLETED
Gnnr¡elo GoururY Llruo Use nuo Devetoptrlet,lr Gooe
DRAFT 04/27/2020
14-¡,
(This Page Left Blank lntentionally)
GIRTIEIO COUruTY LAND USE AND DEVELOPMENT
DRAFT 04/27/2020
CoDE 14-ai
ARTICLE 14: AREAS AND AGTI VITIES OF STATE
INTEREST
DIVISION 1. GENERAL.
E
24 95,1 101; et seq,ose
adm
ner rVES
Countv nsistent with 'C R.S. A 24-65.1 -101. efseo.
is to
m
fra
to nd
of Garfieldwelfare a d the environment
B.N GU FOR TION
the ouidel and reoulation s for admini on of matters of stateco
interest nder C.R.S. I 1-402.
is
is com entarv to an d harmonious the state a federal reoul rv laws
et seq,30-28-1 0 1 ef seo: and 30-28-201.ef seo
B. SeverabilitY.
lf any section, subåection, sentence, clause, or phrase of this Article is, for any reason,
held to be invalid or unconstitutional by a court of law, such decision will not affect the
validity of this Article as a whole or any part other than the part declared invalid.
14.103. APPL¡CABIL¡TY.
This Article will apply to the Designation and regulation of any area or activity of state interest
,r¡o¡y or partially inir'" unincorpórated areas of Garfield County, whether on public or private
land, ihat'has been or may hereafter be designated by the BOCC.
14-104. DESIGNATED MATTERS OF STATE INTEREST.
A. Areas of State lnterest'
1. Areas around Airports and Heliports.Specifically, the outer extremities of
the lmag inary Surfaces for the Particu lar Airport or Heliport, including all
lands, wate r, airspace, or Portions thereof which are located within this
boundary. lf the Noise lmpact Boundary extends beyond the outer
extremities of the lmaginary Surfaces, the lmaginary Surfaces will be
the this lied in hatI
and regulations'
1 4.102. AUTHORITY AND SEVERABILITY.
A. AuthoritY.
This Articte is authorized by, inter alia, C.R.S. SS 24-65.1-101, et segj-SS292Q-10'l-
GlRneuo Coururv LAND UsE n¡lo DeveloPMENT
DRAFT 04/27/2020
Cooe 14-1
extended to incorporate the Noise lmpact Boundary for purposes of this
Article.
2. Areas around Rapid or Mass Transit Facilities, Terminals, Stations, or
fixed guideways.
3. Mineral Resource Areas as shown on the Countv's Mineral Resource
Area Map.
qubiect to these Requlations.
would
onl
al
theb.
Code.
u L
is Arti
ndu on
provis ions of the L UDC
B. Activities of State lnterest.
1. Efficient utilization of municipal and industrialwater projects.
Z. Site Selection and development of Solid Waste Disposal Sites except
those sites specified in C.R.S. S 25-11-203(1), sites designated pursuant
to Part 3 of Article 11 of Title 25, C.R.S. , and l'tazardous waste disposal
sites, as defined in C.R.S. S 25-15-200.3.
A. Site Selection and construction of major new domestic water and sewage
treatment systems and major extension of existing domestic water and
sewage treatment sYstems.
4. Site Selection and construction for Arterial Highways, lnterchanges, and
Collector HighwaYs.
5. Site Selection and construction for Rapid or Mass Transit Terminals,
Stations, or guidewaYs.
6. Site Selection for public Airport or Heliport location or expansion.
t4-105. EXEIVIPTIONS.
This Article shall not apply to any development in the above identified areas or activities
of state interest if any one of the following is true as of May 17, 1974:
1. The specific development or activity was covered by a current Building
Permit issued by the CountY.
Z. The specific development or activity was directly approved by the
electorate of the State or the County, provided that approval by the
electorate of any bond issue by itself shall not be construed as approval
of the specific development or activity.
3. The specific development or activity is on land which has been finally
approved, with or without conditions, for a PUD or land use similar to a
PUD.
4. The specific development or activity is on land which was either zoned or
rezoned in response to an application which specifically contemplated
said specific development or activity.
Grnnelo Goururv L¡ruo Use lruo DeveloPMENT
DRAFT 04/27/2020
Cooe 14-2
14-106.
FEDERAL REQIUREIIJIENTS.
A. More Restrictive Standards Apply'
whenever the provisions of this Article are found to be inconsistent with the statutory
criteria for the administration of matteis of state interest in C'R'S SS 24-65'1-202 and
ãó+, tñ" ,or" restrictive standards or requirements will control.
B. Definitions.
Terms in this Article will have the meaning set forth in Article 15 of the LUDC.-e+-the
This Article will not be applied to create aR eperatienalconfli ct with anY state or federal
laws or regulations.rm
is e a re
G¡Rrtelo Gou¡¡rv Le¡¡o Use ¡Ho
C. ComPliance Matters'
unress otherwise set forth in.lhis Articre. nNo_thing in this. Articre exempts an Applicant
from compliance witr any other appl¡cã-ote coun-ty requirements, the comprehensive
plan or other state, t"oãr"1, or local-requirements. Nor will federal, state, or local
approval preempt or'otherwise obviate the need to comply with this Article'
D. No Intent to Gonflict'
nt
E. Goordinated Review and Permitting'
Any Applicant for a permit under this Article that is also subject to the regulations of
other state or federal agencies-máy ."qr"rt that the county application and review
process o"
"oorãlnated
with tnat of the other agency. The county will attempt to
eliminate redundant application .rnt¡tt"t requireménts and will coordinate its review of
the applicatiãn with thai of other agencies as appropriate. To the extent practicable and
appropriate,-in" öornty will als;-attempt to cooidinate the terms and conditions of
approvalwith that of other agencies'
14-102. PERMIT REQUIRED.
A. Permit AuthoritY'
The BOCC will serve as the Local Permit Authority. The BOCC will exercise all powers
and duties granted it by this Article'
B.PermitRequiredPriortoEngaginginDesignatedActivityorDevelopment
in Designated Area' __a-r ^^¡:..;¡., ^r a{ara inrara,Nopersonmayengagelnadesignatedactivityofstateinterest,orengageln
development in an aleã of staie inte-res1, whollv oi partiallv within the unincorÞorated
areas of the Countv without firsi obtain¡ng eithe¡æmit (hereinafter "1041 Permit" or
,,permit") orffiOi-n-g of No Significant lmpact" under this Article'
C. Term of Permit '
Ãpprovat or a 1041 permit will lapse after 12 months, unless:
1. Activities described in the Permit have substantially commenced; or
2. The BOCC specifies a different time period in which Building Permits
must be obtained or activities must commence'
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DEVELOPMEruT COOE 14-3
3.The BOCC mav its discretion extend the term of a 1041 Permit if the
written of the
detailinq the need for such extension
D. Renewal.
A 1041 Permit may be renewed following the same procedure for approval of a new
application set forth in Division 4 of this Article. The BOCC may impose additional
conditions at the time of renewal if necessary to ensure that the project will comply with
this Article.
E. 1041 Permit Not A Site Specific Development Plan.
1041 Permits issued under this Article will not be considered to be a Site Specific
Development Plan and no statutory vested rights will inure to such permit.
14-201 APPLICABILITY OF DESIGNATION PROCESS.
The designation process set forth in this Article will apply to the designation of any matter of
state inteiest after the effective date of this Article. The designation process will not apply to
those matters of state interest designated by the BOCC prior to the effective date of this Article,
which designations will remain in effect.
14.202, ¡NITIATION OF DESIGNATION REQUEST.
Designations and amendments or revocations of Designations of areas or activities of state
interest may be initiated by the BOCC.
14.203. DESIGNATION PROCESS.
A. Public Hearing bY BOCC.
A request for Designation of an area or activity of state interest will be considered by the
BOCC at a Public Hearing.
1. Public Notice. The Director will publish a notice of the Public Hearing at
least 30 days and not more than 60 days before the hearing, in a
newspaper of general circulation in the County. The notice will include
the time and place of the hearing, a general description of the
Designation requested, and the place at which relevant materials may be
examined.
B. Matters to be Considered at Designation Hearing.
At the Designation hearing, the BOCC will consider such evidence as may appear
appropriate, including the following considerations:
1. The intensity of current and foreseeable development pressures;
Z. The reasons why the particular area or activity is of state interest, the
dangers that would result from uncontrolled development of any such
area or uncontrolled conduct of such activity, and the advantages of
development of such area or conduct of such activity in a coordinated
manner;
3. Boundaries of the proposed area of state interest; and
4. Conformity with the Comprehensive Plan.
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DIVISION 2 DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST.
144
C. AdoPtion of Desi gnation and Regulations.
within 30 days after completion of the Public Hearing, the BOCC will take action by
resolution to adopt, a6opd with modifications, or reject the proposed desþnation and
regulations interpieiing änd implementing its guidelines for an area or activity of state
interest.
1. lf the BOCC rejects the designation and/or proposed regulations, the
BOCC may at ité discretion regulate the matter under any other available
land use cóntrol authority or it may reject regulation of the matter entirely'
2. The BOCC action will be taken by resolution'
3. Upon adopting a Designation, the BOCC will adopt regulations for its
administration.
D. Record of Designation Proceedings'
The record of decision will include the following materials:
1. certificate of publication of the Public Hearing notice;
2. The minutes of the Designation Hearing;
3. Written findings concerning each of the considerations set forth in section
M-ioi.e., Máters to be Cónsidered at Designation Hearings; and
4. The recorded resolution adopting the designation and regulations.
r4-301. coM MON REVI EW PROCEDURES.
A. GonsultantsandReferralAgencies'
The following provisions apply to all 1041 Permit applications'
1. Consultant and Referral Agency Review. The Director may authorize all
or " port¡on of the review ıf ani phase of an application to be performed
by an outside consultant ano@ sent to referral
agencies. '
2 Applicant ResPonsi
and referral agencY
ble for Review Feesçgsts
reviews are the resPonsibi
The costs of consultant
lity of the ApPlicant.-4he
Evaluatien þy ÐireeteriStaff Review'
B. Pre-APPlication Gonference'
An application for a 1041 Permit will begin with a pre-application conference between
the Applicant and the Director or staff.
1. Procedure. The Applicant will make a request for a pre-application
contãrence through't'he Community Development Department. At the
conference, the Director will eiplain the regulatory process and
requiremenis and begin to evaluate the appropriate level of review.
a. Scheduling of Pre-Application Conference. The Director will
schedule ã pre-application conference to be held within 20 days of
receipt of a request for a pre-application conference'
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DIVISION 3. REVIEW PROC ESS FOR 1041 PERMIT.
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DEVELoPMETT Cooe 14-5
'b.Materials. At or before the pre-application meeting, the Ap plicant
will submit a brief explanation of the project, including the
following materials:
(f ) The Applicant's name, address, and phone number.
(21 Map prepared at an easily readable scale showing:
a. Boundary of the proposed activity;
b. Relationship of the proposed activity to surrounding
topographic and cultural features such as roads,
streams, and existing structures; and
c. Proposed building, improvements, and
infrastructure.
(3) Written summary of the project that is sufficient for
determining the appropriate level of review.
c. Participants. ln addition to the Community Development
Department staff, participants in the pre-application conference
will include appropriate staff to address potential issues raised by
the project.
C. Determination of Level of Permit Review.
There are 3 possible levels of Permit Review for a project. The Director will make the
initial determination of the appropriate level of Permit Review within a reasonable time
following the pre-application meeting and submittals. The Director will notify the BOCC
of the level of review within 5 days of the determination.
1. Finding of No Significant lmpact. Based upon review of the pre-
applicãtion submittals and the information obtained at the pre-application
meeting, the Director may make a Finding of No Significant lmpact and
determlne that a 1041 Permit is not necessary. The Director may make a
Finding of No Significant lmpact if the construction or operation of the
activity, without Mitigation, in its proposed location is unlikely to have any
signifiôant adverse impact to the County. The Director's decision will take
into consideration the approval standards set forth in Division 5 of this
Article.
2. Major and Minor Permit Review. lf the Director does not make a Finding
of No Significant lmpact, then the Director will determine whether the
project sñould be subject to the Major Permit Review or Minor Permit
Review provisions of this Article.
a. Major Permit Review. The Director will determine that Major
Permit Review is required if:
(1) The project is likely to have a significant adverse impact in
2 or more categories of standards as described Division 5
of this Article; or
(21 The project is likely to have severe adverse impact in any 1
category of standards as described in Division 5 of this
Article.
b. Minor Permit Review. lf the project does not warrant Major Permit
Review, then it will be processed as a Minor Permit Review.
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3.Call-up of Director's Level of Review Determination.
a. call-up by the Board. The Bocc may, at its discretion, call-up the
Director's determination at the next regularly-scheduled meeting
of the Bocc for which proper notice by inclusion on the Bocc
agenda can be accomplished, following the date of written notice
oi tne determination of level of Permit Review. The BOCC may
approve, modify, or reject the Director's determination based on
the criteria in section 14-301'C'
b. Request for Call-up. Within 10 days of the date of written notice of
the Director's determination, the Applicant may request that the
BOCC call up the determination at its next regularly-scheduled
meeting for which proper notice can be accomplished by inclusion
on the gOCC agenda. The BOCC may approve, modify, or reject
the Director's determination based on the criteria in section 14-
301.C.
G.Gall-uo uest bv Di - Within ten (10)of the
S u
Di at rl
meetino for which þroþer ce can be olished
D. Change in Level of Permit Review.
At any time prior to the final decision by the BOCC, the County may decide that
informãtion received since the pre-application conference indicates that the nature and
scope of the impacts of the project are such that a different level of review is required. lf
a different levei of review is required, the Director will immediately notify the Applicant,
the BOCC, and the CountY AttorneY.
E. Pe Aool Fee
icant is ble for all of reviewino a orocessino PermitThe Ao
application.
1. Fee Requirement
Anv aoolication for a 1041 Permit mu be accomoan bv thee
aooroon ate fees. A edule of fees i s available u oh the
mu nt An
summarv. This estimate is nonbindino.
b.Countv mav uire a deposit for oavment of cons Itant and
revtew at the time of cation. and in add ition to the
application fees.
nt at
determi bv the Director that the fee is not sufficient to cover
the actual costs associated with the application.
d. The Countv mav suspend the application review process Þending
Pavment of consultant costs.
2. Pavment of Additional Gosts
ditional costs for reviewino fhe Permit a ication
re to th
orocessino
co
14-7Glnnelp Goururv Llt¡o Use n¡lo Dçvelopuerur Gooe
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th the
n
a re rn ition to the appl on fees oaid
nt to E.1 above shall be billed to the Aool All ad
final
Comm issioners on the Perm it aopl
nsu Director will
review the aPPlicatio n to determine if the Project satisfies the applicable standards set
forth in Division 5 of this Article. The Director will prepare a staff report discussing
issues raised bY staff and referral age ncies, whether the standards have been satisfied,
Mitigation requi rements, recommend ed conditions of approva l, and additional
information Pertine nt to review of the aPPlication
H. Notice of Public Hearing . No later than 30 davs after the completeness
ce
ll
F. Determination of Completeness'
within 30 business days of receipt of the application materials, the Director will
determine whether tne áppfication is complete based on compliance with the permit
ãpplication submittal requirements set forth in Division 4 of this Article.
1. Application is Not Complete. lf the application is not complete, the
Oirecior will inform the Applicant of the deficiencies in writing and will take
no further action on the application until the deficiencies are remedied. lf
the Applicant fails to correct the deficiencies within 60 calendar days, the
applicãt¡on will be considered withdrawn and returned to the Applicant.
2. Application is Complete. lf the application is complete, the Director will
certity-¡t às compläte and stamp it with the date of determination of
comPleteness.
3. Extension of Time for Determination of Completeness. The Director may
authorize an extension of time to complete the review for determination of
completeness up to an additional€O-.1QQ business days. The extension of
time for determination of completeness will be based upon the following
considerations:
a. Scope of Application. The scope of application is sufficient to
require addiiional time for the Director to review the application for
a determination of comPleteness.
b. Staff Workload. The Department's workload due to the volume
and scope of pending applications justifies the need for an
extension of time.
G. Evaluation by Director-Staff, Consultants. and ReferralAqencies.\ÊRe '\r+eltÉ
1 Notice by Publication. At least 30 calendar days but no more than 60
calenOai days prior to the date of a scheduled Public Hearing, the
Applicant wilihave published a notice of Public Hearing in a newspaper of
gänài"r circulation in the area that the project is located. The notice will
fiotlow a form prescribed by the County.
Notice to Adjacent Property Owners. At least 30 calendar days but no
more than d0 calendar dáys prior to the date of a scheduled Public
Hã"iing, the Applicant will send by certified mail, return receipt requested,
a writtén notice of the Public Hearing to the owners of record of all
2
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adjacent proPertY within a--2€O_-.59Q-foot
ll include a Vicin
radius of the proiect site
ity Map, the propertY's legalboaries. The notice wi
description, a
announcement of
short narrative describing the project, and an
the date, time, and location of the scheduled hearing(s)'
3. proof of Notice. At the Public Hearing, the Applicant will provide proof of
publication and notification of Adjacent Property Owners'
4. Notice to Airport Sponsor. lf an application involves areas around
Airports or Heliports, or the site selection of an Airport or Heliport, then
Applicant must also send by certified mail, return receipt requested, .a
*iiit"n notice of the Public Hearing to the Airport Sponsor. The notice will
follow a form prescribed by the County.
14.302. MINOR PERMIT REVIEW PROCESS.
A. Outline of Process.
The Minor Permit Review will consist of the following procedures:
1. Pre-aPPlication conference;
2. APP|ication;
3. Determination of comPleteness;
4. Evaluation by the Director/Staff review; and
5. Public Hearing and decision by the BOCC'
B. Review Process.
1. pre-Application Conference. A pre-application conference will be held in
accoràånce with the provisions of section 14-301.8., Pre-Application
Conference.
Z. Application. The application materials are set forth in Division 4 of this
Article.
3. Determination of Completeness. The Director will review the application
for determination of completeness in accordance with the provisions of
section 14-301.G., Determination of Completeness'
4. Schedule Public Hearing. Not later than 30 davs from theUpen-a
determination of completeness, the Director will schedule the application
for Public Hearing by the BOCC and publish the notice pursuant to.=--4
publie netiee ef tñe ñearing will þe made pursuant te section 14-301'H''
Notice of Public Hearing.
5. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director will review the application and prepare a staff
report pursuant to section 14-301.G of this Article.
6. Review and Action by the BOCC. @Eg proper
public notice, the BOdC will consider the application at a Public Hearing.
The BOCC will approve, approve with conditions, or deny the application
based upon complìance with the applicable standards in Division 5 of this
Article
(1)Approval of Application. lf the application satisfies all of the
apþticable standards, the application wü-ghgll-be approved' The
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t¿l Conditional APProval or D enial of Application. lf the application
fails to satisfY any one of the a ppl icable standards, the aPPlication
io betheshall be de
ndit
standards.
14.303. MAJOR PERMIT REVIEW PROCESS.
A. Outline of Process.
The Major Permit Review will consist of the following procedures:
1. Pre-aPPlication conference;
2. APPlication;
3. Determination of comPleteness;
4. Evaluation by the Director/Staff review;
S. puþlie Hearing and rBecommendation by the Planning Commission; and
6. Public Hearing and decision by the BOCC
B. Review Process'
1. pre-Application Conference. A pre-application conference will be held in
"..oràån."
with the provisions of section 14-301'B', Pre-Application
Conference.
2. Application. The application materials are set forth in Division 4 of this
Article.
3. Determination of Completeness. The Director will review the application
for determination of cbmpleteness in accordance with the provisions of
section 14-301.G of this Article'
will sehedute tñe appl¡eat¡en fer Publ¡e Hearing by the Planning
ins4'
ifl;åT:1",i',n"oJiil?å'.'ffil'"55J1îil'; "oo'TLiJ. "i:'iäü?:i #l
report pursuant to section 14-301.G of this Article'
5. Review and Recommendation by the Planning Commission. Within 45
davs of the comòleteness deteimjnation. the Planning Commission w-ill
consider the ilt¡caton at a
mendati to the
a.Reeemmendatien þy Planning Gemmission; The Plann¡ng
er den¡al ef the applieatien based upen cempl¡enee ' with the
ãpplieaþle standards set ferth in D¡visien 5 ef th¡s
^rtiele'
Permit
¡@ Recommendation of Approval. lf the
aööl¡cat¡on satisfies all of the applicable standards, the Planning
comm¡ssion shall recommend that the application be approved'
ihà plunn¡ng Gemmissien mat reeemmend ap're"al *ith
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6.
@
b. Recommendation of Approval with Conditions or Denial. lf the
application fails to satisfy all of the applicable standards the
Planning commission will recommend that the application be
denied or recommend approval with conditions determined
necessarv for compliance with the applicable standards.
Schedule BOCC Public Hearing. The Director will schedule the
application ior Public Hearing by the BOCC in accordance with 't4-301 H
of this Article.
14 301,F, Netiee ef Puþlie Hearing,
b, Publie Hearing þy the BOGG will þe held within 15 ealendar days
ef the date ef the Planning Cemmissien reeemmendatien'
Review and Action by the BOCC. The BOCC will consider the application
at a public hearing, upon proper public notice. The BOCC will approve,
approve with conditions, or deny the application based upon compliance
with the applicable standards in Division 5 of this Article'
a.I of Application. lf the application satisfies all of the
b. Conditional Approval or Denial of Application. lf the application
fa¡ls to satisfy any one of the applicable standards, the application
will be denied or approved with conditions determined necessary
for compliance with applicable standards'
14.304. TECHNIGAL REVISIONS AND IO4I PERMIT AMENDMENTS
Any change in the construction or operation of the project from that approved by the BOCC will
require either a "technical revision" or a"1041 Permit Amendment."
A. Submittals.
To request a technical revision, the Applicant will submit the following information and
materials to the Director:
1. A coPY of the current 1041 Permit;
2. As-built drawings of the project;
3. A wr¡tten description of the proposed changes to the proiect together with
drawings and plans of the proposed chanqes: and
+.4 Additional mitigation Plans.
B. Determination of the Type ef Whether Chanqe is a Technical Revision or
1041 Permit Amendment.
The Director will make the initial determination whether a change is a technical revision
or a 1041 Permit Amendment within 30 days following receipt of the request and
necessary submittals. Within 5 days of the Director's determination, the Director will
notify the Applicant and the BOCC, in writing, of the determination.
C. Technical Revisions.
7
A proposed change
discretion, determin
will be considered a "technical revision" if the Director, in his or her
es that there will be no increase in the size of the area affected by
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14-11
the project or the intensity of imPacts of the project. The Director may determine that
even though the proposed changes will incre ase the size of the area affected or the
intensity of the imPacts,the impact is insignificant so as to warrant a technical revision
finding. A change to a condition of aPProval will not be treated as a technical revision
Upon finding that the cha nge is a technical revision, the Director will approve the change
to the 1041 Permit.
D. 1041 Permit Amendments.
Changes other than technical revisions are considered 1041 Permit Amendments' A
1041 Þermit Amendment will be treated as a new application and processed according
to Division 3 of this Article.
E. Call-Up of Director's Determination.
1. Call-up by the BOCC. The BOCC may, at its discretion, call up the
Directbr's- determination that a change is a 1041 Permit Amendment,
rather than a technical revision at the next regularly-scheduled meeting
for which proper notice by inclusion on the BOCC agenda can be
accomplished,'following the date of written notice of the determination.
The BöCC may approve or reject the Director's determination based on
the criteria in section 14-304'C and 14-304'D'
2. Request for Call-Up. Within 10 days of the date of written notice of the
Director's determination, the Applicant may request that the BOCC call-up
the Director's determination at its next regularly-scheduled meeting for
which proper notice can be accomplished by inclusion on the BOCC
agenda. ine gOCC may approve or reject the Director's determination
based on the criteria in sections 14-304'C and 14-304'D'
in ten
D
r's its
proper notice can be accomplished.
A Waiver.
waive one or m ore of these submittal irements en the
theD¡
The following submittal requirements apply to any application for a 1041 Permit. The
ur"fessienal ãualifieatiens fei preparatien and eertifieatien ef eertain deeuments re9uired þY this
1 4.401. DESGRI PTION OF SU BMITTAL REQU IREM ENTS.
DIVISION 4 1041 PERMIT APPLICATION S UBMITTAL REQUIREMENTS.
The Di rector mav
wo to
with th aoolicable ndards in Di 5.
application form from the Community Development
E. Application Form.
Applicant shall obtain an
Department
1.Ownership. The application shall include a deed or other evidence of the
owner's title or ownership interest in the land for which a 1041 Permit is
requested.
2. Authorized APPlicant. ComPl eted application forms and accompanying
materials shall be submitted to the Director by the owner, or any other
person having a recognized fee title interest in the land for which a 1041
GrRnelo Gou¡lrv LAND UsE lruo DeveloPMENT
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Cooe 14-12
3.
Permit is proposed, or by any agent acting through written authorization
of the owner.
a. Authorized Agent. lf the Applicant is not the owner of the land, or
is a contract purchaser of the land, the Applicant shall submit a
letter signed by the owner consenting to the submission of the
application.
b. Applicant is Not the Sole Owner. lf the Applicant is not the sole
owner of the land, the Applicant shall submit a letter signed by all
other owners or an association representing all the owners, by
which all owners consent to or join in the application.
lnformation About Applicant. The application form shall contain the
following information describing the Applicant:
a. The name(s), address(es), email address(es), fax number(s),
organization form(s), and business(es) of the Applicant, and if
different, the owner of the project, the land owner, an
reoresentati authorized to submit t he aoolication:
b. The names, addresses, and qualifications, including those areas
of expertise and experience with projects directly related or similar
to that proposed in the application package, of individuals who are
or will be responsible for constructing and operating the project;
c. Authorization of the application by the property owner, if different
than the APP|icant; and
d. Documentation of the Applicant's financial and technical capability
to develop and operate the project, including a description of the
Applicant's experience developing and operating similar projects.
lnformation Describing the Proiect.
i. Project Narrative. A narrative description of the project, including the
locátion of the proposed facility by reference to its relationship to any
physical features, intersections, towns, or other locations, that are
generally recognized by the citizens of Garfield County'
2. ldentification of Alternatives.
a. Descriptions of alternatives to the project that were considered by
the Applicant and reasons why they were rejected.
stification that the oroiect re the alternative that best
ies IS
3
alternative.
Project Need. The need for the project, including existing/proposed
faciities that perform the same or related function and population
projections or growth trends that form the basis of demand projections
justifying the project.
Conformance with Comprehensive Plan'-
the Project is in conformance
witn-tne Counlyg Comprehensive Plan, municipal master plans, and any
other applicable plans within the lmpact Area.
c
b. Ju
4.
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5. MaPs
M e S
a
b. Site Plan.
A detai led map of the pro iect s ata dete ned the
t1) N orth arrow,scale. and leoalde ption of site;
S
data identifv the site includ ino secti on corners.ce
ranqe;
h
n
ize
n
S
the propertv:
rtation ideProposedand ex isti Transpo
n io F
(7\rvtce
ci
e or
use. and grantee:
aþpu rtenantexistiand p
facil . shown bv on and menston and
(10)Siqnifi featu res I
a I and artificial drainaqe WAVS.
le
ES
(6)
(9)
)es,
(d IF VS floodol NS rn or tn
iles
on h
V
outcro soil tv qeo feature and
hazards.
u-s
proiect:
(h )a reas of distu rbance
and dimension. and
shown bv location and dimension'
re
Grn¡lep GouurY Llno Use ¡ruo
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bv lo
14-'14
D
ti)The Countv av reouire.the Aoolica nt mav
d nof
the oarticulars of the oroiect.
6. plans and Specifications. Detailed plans and specifications of the project'
7. project Schedules and Phasinq. Schedules for designing, permitting,
constructing, and operatlng the project, including the estimated life of the
project.
g. Conservation Techniques. Description of all conservation techniques to
be used in the construction and operation of the project'
Property Rights, Permits, and Other Approvals.
1. A list of all other federal, state, and local permits and approvals that have
been or will be required for the project, together with any proposal for
coordinating these approvals with the County permitting process'
Applicant s-hall provide the Countv with copies of the permits. aþþrovals,
and licenses uPon issuance.
Z. Copies of all official federal and state consultation correspondence
prepareO for the Project;
Þ*i"rat, State, a and copies of any draft or final
environmental assessments or impact statement required for the project.
3. Description of the water to be used by the project, including: amount of
water required; amount and quality of the source water; the Applicant's
right to use the water, including adjudicated decrees, applications for
decrees, proposed points of diversion, and the existing uses of water; and
any alteinative water sources available to the Applicant' lf an
Augmentation Plan has been filed in court, the Applicant shall submit a
copy of that Plan.
4. Description d docume on of prope rtv riohts. ea sements. and riohts-
are ror
proiect.
ralon
state, and local authorities
E. ges€+ip+ien--€+-Technical and Financial Feasibility Assessment. o++he
of the
S
n for
1. The estimated construction costs for each phase of development'--and
2. Revenues and operating expenses for the project'
3. The ameunt ef any prepesed debt and the methed and estimated €est êf
deþ{+en+ieeDescrípiion of debt and equitv at each phase of develoþment,
debt retirement schedule and sources of fundino to retire debt.
4. Details of any contract or agreement for revenues or services in
connection with the Project.
GARFIELO GOUITY LAND USE AND DEVELOPMENT
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Cooe 14-'15
5.Description of the person(s) or entity(i
project and/or services produced by the
es) who will pay for or use the
development and those who will
benefit from any and all revenues generated by it'
e. gst¡mateO cost of
proposed mitioation measures and permit conditions. estimated
reclamation costs and schedule.
the
^pþlieant
will eemply with the relevant appreval standards in Divisien 5 ef this Artiele'
The impaet Analysis will þe limited te the lmpaet Area and will inelude the fellewing
infermatien:
E. Land Use.
!. Description of existing land uses within and adjacent to the lmpact Area.
Z. Description of impacts and Net Effect of the project on land use patterns.
G. Local Government Services.
t Description of existing capacity of and demand for local government
services including, but not limited to, roads, schools, water and
wastewater treatment, water supply, emergency services, transportation,
infrastructure, and other services necessary to accommodate
development within Garfield County.
Z. Description of the impacts and Net Effect of the project to the capability of
local governments that are affected by the project to provide services.
H. Workforce Housinq Assessment.
An assessment of the housinq demand created bv the proiect and plans to address that
demand. includinq:
1. Description of the workforce associated w¡th the proiect'
a. Estimated number of workers needed to staff the propqsed
proiect, including: the number of resident and non-resident
workers.
b. Estimated salarv ranges of workers.
2. Analvsis of the available dwellino units and whether there are sufficient
numbers of dwellinq units within the Countv at the appropriate cost to
house workers.
3. Description of the immediate and long-term impact and Net Effects of the
proiect on the availabilitv of affordable workforce housinq.
g----H€us+ng
b- Deseriptien ef the impaet and-Net Effeet ef the prejeet en heusing during
eenstruetien and eperatien stages ef the prqieet,
!. Financial Burden on County Residents.
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J
K.
I Description of the existing tax burden and fee structure for government
services including, but not limited to, assessed valuation, mill levy, rates
for water and wastewater treatment , and costs of water suPPlY
Z. Description of lmpacts and Net Effect of the project on financial burdens
of residents.
Local Economy.
!. Description of the local economy including, but not limited to, revenues
generated by the different economic sectors and the value or productivity
of different lands.
Z. Description of impacts and Net Effect of the project on the local economy
and opportun ities for economic diversification.
Recreational Opportun ities.
!. Map depicting the location of present and propos recreational
uses ishery stream segments,
access points to recreational resources, hiking and biking trails, hunting.
and wilderness areas.
Z. Description of present and potential recreational uses including, but not
limited to, the number of recreational visitor days for different recreational
uses and the revenue generated by types of recreational uses.
g. Description of the impacts and Net Effect of the project on present and
potential recreational opportunities and revenues to the local economy
derived from those uses.
L. Aqricultural lmpact Assessment A descri n of aoricultural lands and
ooerations in t he lmoact Area a a olan to
co land
land.
M.
Mini on irri
d ms ed
le
permittees or lessees.
of Paleontological, Historic or Archaeological lmportance'
Map and/or description of all sites paleontological, historic, or
archaeolog ical i nterest.
Documentation of approval from the State Historic Preservation Office
regardino anv historical resources potentiallv affected bv the project.
Description of the impacts and Net Effect of the project on sites of
pa leo nto I og i ca l, h istoric, or archaeolog i cal i nterest.9----Nt*isanee=
Besenptre+ç et ne¡se' gla
@
N.T lmoact Assessment and Mitioation
Traffic im ct studv- A studv nrenared bv a traffic enoi neer thaf
Areas
!.
z.
E.
1
includes at a minimum:
a. Existino conditions. Description of the baseline.condition of road
G¡nnelo Cou¡¡rv LAND UsE e¡¡o Developuelr Gooe
DRAFT 0t /27/2020
14-17
segments.
b. Trip oeneration. For each phase of the proiect. a description of
proposed averaoe and peak time site trip oeneration bv vehicle
tvpe for the roads that will be affected bv the proiect.
c. Mitiqation. For each phase of the proiect, proposed mitioation of
impacts to traffic includino traffic siqnals. and other measures to
ensure that the level of service for each affected road seqment is
not reduced over pre-proiect conditions.
2.Traffic Mana oement Plan. A olan thaf includes meas to mitioate
adverse impacts to traffic for each phase of the proiect'
eenditiens, supperted with data, and a prejeetien ef the impaets ef the
prqjeet in eemparisen te existing eenditiens, The analysis shall inelude a
O. Air QualitY.
1. A map and/or Dçlescription of the airsheds that will be affected by the
project, including the seasonal pattern of air circulation and
microclimates.
Z. Map and/or description of the ambient air quality and State air quality
standards of the airsheds that will be affected by the project, including
particulate matter and aerosols, oxides, hydrocarbons, oxidants, and
other chemicals, temperature effects, and atmospheric interactions.
3.An assessment and pla n for qreenhouse S EMISSIONS bv an
P
rt in ment
the em to the
Operation. and proposed mitioation.
4. Descriptions of the impacts and Net Effect of the project on air quality
during both construction and operation, and under both average and
worst case conditions.
Visual Quality.
1, Map and/or description of ground cover and vegetation, forest canopies,
waterfalls, and streams or other natural features.
2. Description of view sheds, scenic vistas, unique landscapes, or land
formations.
B. Map and/or description of buildings and structure design and materials to
be used for the Project.
4. Descriptions of the impacts and Net Effect of the project on visual quality.
Surface Water QualitY.g.
G¡nnelo Goururv LlHo Use ¡ruo Developrr¡erur Cooe
DRAFT 04/27/2020
14-18
1. MaP and/or descriPtion of all surface waters to be affected bY the Project,
R.
including:
a. Description of provisions of the applicable regional water quality
r"n"f,.r"nt itan that applies to the project and assessment of
whethér the project would comply with those provisions;
b. Existing condition of streams and water bodies affected by the
Project; and
c. Glassification of streams and water bodies affected by the project.
2.Descriptionofwaterqualitydatamonitoringsources.
3. Descriptions of the immediate and long-term impact and Net Effects of
the project on the quantity and quality of surface water under both
average and worst case conditions'
Groundwater QualitY.
1. Map and/or description of all groundwater, including any aquifers' At a
minimum, the description should include:
a. Seasonal water levels in each subdivision of the aquifer affected
bY the Project;
b. Artesian Pressure in aquifers;
c. Groundwater flow directions and levels;
d. Existing aquifer recharge rates and methodology used to calculate
recharge to the aquifer from any recharge sources;
e. For aquifers to be used as part of a water storage system,
metnãäotogy and results of tests used to determine the ability of
aquifer to iñpound groundwater and aquifer storage capacity;
f. seepage losses expected at any subsurface dam and at stream-
aquif"r- interfaces and methodology used to calculate seepage
losses in the affected streams, including description and location
of measuring devices;
g.Existinggroundwaterqualityandclassification;and
h. Location of all water wells and their uses'
2. Description of the impacts and Net Effect of the project on groundwater'
Water QuantitY.
1. Map and/or description of existing stream flows and reservoir levels'
2. Map and/or description of existing
hekt+n+nrmum-i n strea m f I ows'
3. Descriptions of the impacts and Net Effect of the project on water
quantitY.
4. statement of methods for efficient utilization of water.
Floodplains, Wetlands and Riparian Areas'
1. Map and/or description of all Floodplains, Wetlands (whether or not they
are jurisdictional as defined by the corps of Engineers), and Riparian
g
I
Gnn¡leuo Coururv LAND UsE lt'¡o DeveloPMENT
DRAFT 04/27/2020
Cooe 14-19
Areas affected bY the Project, in cluding a description of the tyPes of
U.
Wetlands, species composition, biomass, and functions'
2. Description of site features such as streams, areas subiect to floodino.
-ukes.
n¡qh qround wat
3. Description of the source of water interacting with the surface systems to
create each Wetland (i.e., side-slope runoff, over-bank flooding,
groundwater seepage, etc') or Riparian Area.
4. Description of the impacts and Net Effect of the project on the
Floodplains, Wetlands, and Riparian Areas.
Terrestrial and Aquatic Animals and Habitar Assessment'
1. Map and/or description of terrestrial and aquatic animals including the
staius and relative importance of game and nongame wildlife, livestock
and other animals; a description of streamflows and lake levels needed to
protect the aquatic Environment; and description of threatened or
endangered animal species and their habitat.
2. Map and description of critical wildlife habitat and livestock range affected
by the project, including migration routes, calving areas, summer and
winter range, spawning beds, and grazing areas.
3. Description of the impacts and Net Effect of the project on terrestrial and
aquatic animals, habitat, and food chain.
Terrestrial and Aquatic Plant Life Assessment.
,,. Description and map of existino terrestrial and aquatic plant life. includin9
iıTation, tvpe and densitv and threatened or endanoered plant species
and habitat.
sPeeies-en¿+ag*a+
2. Descriptions of the impacts and Net Effect of the project on terrestrial and
aquatic Plant life.
W. Vegetation and Weed Manasement Plan
written description of the species, ch aracter and densitv existinq
v.
1. A
non
a result of the oroiect.
2. A plan that includes:
SU ial
of han th
to commencement of initial site grading.
b.of that have been filled. covered or raded as
soon as practicable:
qrowth;
mixc
u to
d T from disturbed areas stripped and stockpi edo n-site for
rad th
conform s to best man that soil
DRAFT 04/27/2020
Cooe
co
oractice s and ensures
14-20Gnnnelo Cou¡lrY LAND UsE n¡¡o DeveloPMENT
sln soil re main viable until oletion the
redistribution Process. -
foS-ti
includes:
and q the locations of Cou isted n ousa.
weeds.
lo
X.
structures
Y Fire Protection.
u
Hazardous Materials Description'
1. Description ol allhazardous, toxic, and explosive substances to be used'
stored, transporteo, disturbed, or produced in connection with the project'
including tnei'pe ánO amounî of such substances, their location, and the
practices ano iioceoures to be implemented to avoid accidental release
and exPosure'
2. Location of storage areas designated for equipment, fuel, lubricants, and
chemical and wãste storage with an explanation of spill containment
n Ire
nre
the iect been a desiqned handle theuatelv of
ft or or
fi
2 Fire Protecti on Plan A plan that includes:
re
for
n
b.Full closu re of all tv of chem icals to be used or sto on-
a
Grnnelo Gou¡lrv Lnuo Use lruo
z.Monitoring and Mitigation Plan'
1. Description of all Mitigation that is proposed to avoid, minimize, or
compensate for adversé impacts of the project and to maximize positive
lmPacts of the Project.
a. Describe how and when Mitigation will be implemented and
financed.
b. Describe impacts that are unavoidable that cannot be mitigated.
2. Description of methodology used to measure impacts of the project and
effectiveness of proposed Mitigation measures'
3. Description, location, and intervals of proposed monitoring to ensure that
Mitigation will be effective'
AA. Additional lnformation May Be Necessary'
The Director may request that the Appricant suppry additionar information related to the
ó;ı*t ñiñ eOóC w¡tt not be abte to make a deteimination on any of the approval.
DRAFT 04/27/2020
DEVELoPME¡¡I Cooe 14-21
14.402. ADDITIONAL SUBMITTAL REQUI REMENTS APPLICABLE TO AREAS AROUND
AN AIRPORT OR HELIPORT.
ln addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, an application proposing to develop land use in areas around Airports and
Heliports will require the following submittals:
A. Location MaP.
A map or drawing showing the location of the subject property in relation to Airport
lmaginary Surfaces.
B. Elevation Profiles and Site Plan.
Elevation profiles and a Site Plan including:
1. Location of existing and proposed structures in relation to Airport/Heliport
lmaginary Surfaces.
Z. Height of all existing and proposed structures, measured in feet above
mean sea level.
C. Written Agreements for Height Exception.
Written agreements from the AirporUHeliport Sponsor and the FAA, if a height exception
is requested.
D. Declaration of Anticipated Noise Levels.
A declaration of anticipated noise levels for property located within Noise lmpact Area
Boundaries. For noise sensitive land use located in areas where the noise level is
anticipated to be at or above 55 Ldn, the Applicant will be required to demonstrate that a
noise abatement strategy will be incorporated into the building design that will achieve
an indoor noise level equal to or less than 55 Ldn.
E. Avigation Easement.
An avigation easement dedicated to the Airport owner in a form acceptable to the Airport
Sponsór. The avigation easement will allow unobstructed passage for aircraft and
ensure safety and use of the Airport for the public.
14.403. ADDIT¡ONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN
AREAS AROUND RAPID OR MASS TRANSIT FACILITIES.
ln addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, development in areas around Rapid or Mass Transit Facilities will require the
following additional submittals:
A. Traffic RelationshiPs.
One or more maps at sufficient scale showing the location of the proposed development
and its relationship to the Rapid or Mass Transit Station or Terminal and the
lnterchanges, streets, Highways, parking lots, and public facilities which are adjacent to
or form an integral part of the operation of the Rapid or Mass Transit Facility.
B. Traffic Generâtion'
A narrative description of the motor vehicle, bicycle, and pedestrian traffic likely to be
generated by the proposed development including, but not limited to, traffic generation at
ùarious timès of the day, potential congestion, and potential demand for parking
generated by the develoPment.
GeRrtelo CoururY LAND UsE AND DEVELopuerur Cooe
DRAFT 04/27/2020
'14-22
C. Traffic lmPacts'
A narrative description of the impacts of the proposed development to the Rapid or Mass
Transit FacilitY.
D. Traffic Access.
Maps or diagrams illustrating the vehicular, pedestrian, and bicycle routes that can be
utilized to gãn access betwèen the proposed development and the adjacent Rapid or
Mass Transit FacilitY.
,14.404. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNIGIPAL AND
INDUSTRIAL WATER PROJECTS.
A. Efficient Water Use.
Description of efficient water use, recycling, and reuse technology the project intends to
use
B.
Ganplelo Coururv LAND UsE l¡'lo DeveloPMENT
Municipal and lndustrial Water Projects.
Map and description of other municipal and industrial water projects in the vicinity of the
project, incluJ¡ng their capacity and existing service levels, location of intake and
discharge pointr] service fees änd rates, debt structure, and service plan boundaries
and reasons for and against hooking on to those facilities.
C. Demand.
Description of demands that this project expects to meet and basis for projections of that
demand.
14.405. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
OF SOLID WASTE DISPOSAL SITES.
[Placeholder for future regulations, should any be adopted by the BOCC']
I4.406. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS'
[Placeholder for future regulations, should any be adopted by the BOCC']
14.407. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
OF MAJOR EXTENSIONS TO EXISTING DOMESTIC WATER AND SEWAGE
TREATMENT SYSTEMS.
[Placeholder for future regulations, should any be adopted by the BOCC']
14.408. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
FoR ARiERnL HtcHwAys, INTERcHANcES AND coLLEcroR HIGHWAYS.
ln addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an áóóiiò"t¡on proposing Arterial Highways, lnterchanges, or collector Highways
will include the following information.
A. Traffic Patterns.
Description of how the project will affect traffic patterns as well as nonmotorized traffic.
B. Surrounding Land Uses'
Description of how the new roads will likely affect surrounding land uses and existing
communitY Patterns'
DRAFT 04/27/2020
Cooe 14-23
C. Traffic Demands.
Description of how new roads will serve community traffic demands.
D. GomPliance.
Description of how new roads will comply with other local, state, and federal regulations
and master Plans.
..14-409, ADDITIONAL SUBMITTAL REQUIREMENTS FOR S¡TE SELECTION FOR RAPID
OR MASS TRANSIT TERMINALS OR STATIONS.
ln addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing Terminals or Stations associated with a Rapid or Mass
Transit System will include the following information.
A. Type of Mechanical Transit Conveyance.
Descriptiôh of the type or types of mechanical transit conveyance that will be utilized to
carry passengers tó and from the Station or Terminal, and a description of the means of
access to anã from the Station or Terminal including pedestrian, bicycle, automotive,
bus, carpool, gondolas, lifts, and other intermodal connections either existing or
reasonably foreseen to be developed in the area.
B. Analysis of Passengers.
An analysis ót tne passengers that will utilize the proposed facility. Such analysis will be
based on the best information available and will include:
1. Whether the passengers will be utilizing the Rapid or Mass Transit
System to travel to and from employment or for Some other purpose;
2. The number of automobiles that the passengers will drive to the Station or
Terminal at or just before any scheduled departure;
3. The number of passengers that will likely ride only one way on any given
day; and
4. The number of passengers that can be expected to bring baggage,
recreational equipment, tools, or other material'
C. AnticiPated Schedule.
The anticipated schedule of departures and arrivals at the Station or Terminal and the
expected capacity of each transit unit. Separate figures will be given for peak and off-
peak hours, weekdays and weekends, and peak and off-peak Seasons.
D. Maximum Length of AnY Train.
The maximum length of any train that will serve the Station or Terminal, excluding
propulsion units.
E. Basic Floor Plan and Architectural Sketches.
Basic floor plans and architectural sketches of each proposed building or structure
together with a Site Map showing the relative location of each building or structure.
Sricn ptans and sketches will show the location and length of platforms to be used to
load and unload Passengers.
F. Map of All Associated Roadweys, Parking Areas and Other Facilities'
A map of all associated roadways, parking areas, and other facilities. Design details
such as width, layout, traffic flow, pavement markings, and traffic control devices will
either be illustrated on the map or adequately described in supporting documents.
GIRTIEIO GOUruTY LAND USE AND DEVELOPUEruT COOE
DRAFT 04/27/2020
14-24
1 4-410. ADDITIONAL SU BMITTAL REQUIREMENTS FOR SITE SELECTION FOR FIXED
GUIDEWAYS.
ln addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing a fixed guideway will include the following information:
A. TyPe of Motive Power.
Descriptión of the type of motive power that will be used to propel transit vehicles along
the guideway (e.g diesel, electric, electrified third rail, catenary system).
B. Minimum and Optimum Width of Right-Of-Way'
Description of the minimum and the optimum width of the right-of-way necessary for the
guideway, together with maps showing the proposed right-of-way, including its location
iuiÛrin inðorpırated municipalities. Such maps or supporting documentation referring to
the maps will also indicate the maximum anticipated speed of transit vehicles along the
various segments of the guidewaY.
C. Minimum and Maximum Passenger Gapacity'
Description of the minimum and maximum passenger capacity of the transit vehicles that
will travel on the guideway and the anticipated frequency or scheduling of guideway use.
D. Maximum Length of AnY Trail.
Description of the maximum length of any train that will travel upon the guideway with
separáte figures for the length bf passenger carrying units and for propulsion units'
self-propelled units will be considered as passenger units.
E. Maximum ProPosed Grade.
The maximum proposeO graOe of the guideway and the maximum curvature. Proposed
curves in excess of 10 degrees will be indicated on the map.
F. Building or Structure Removal.
Description of ãll Ou¡lOings or other structures that must be removed in order for the
proposed guidewaY to be built.
G. Methods Planned to Prevent Gollision'
Description of the methods planned to prevent collisions at points where the proposed
guideway crosses other Transportation Corridors'
14-411.ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION.
ln addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, an application proposing to locate or expand an Airport or Heliport will require
the following submittals:
A. AirPort LaYout Plan.
Airports wiil Oe developed in accordance with an FAA-approved Layout Plan, or a Layout
ptan approved by the BOCC, complying with FAA Advisory Circular 150/5300-134 and
the cuirent Northwest Mountain Region Airport Layout Plan Checklist.
B. Heliport or Helistop Layout Plan
Heliports and Helistops will be develoPed in accordance with an FAA-approved Layout
Plan, or a Layout Plan aPProved bY the BOCC complying with FAA Advisory Circular
15015390-2. The plan will be sufficient to depict the design, the layout of existing and
pl anned facilities and features, ground contours at 10-foot intervals,the Building
Rest riction Lines, the relationship of the Final Approa ch and Takeoff Area (FATO), the
Touchdown and Lift-off Area (TLOF), the safety area and the Approach/DeParture and
Transitional Surfaces (as defined in FAA Advisory Circular 15015390-2) to the land
parcel (s) on which the HeliPort/H elistop is to be located and to adjoining land Parcels
Gtnnelo Gou¡¡rY Lltlo
DRAFT 04/27/2020
Use ¡ruO DEVELOPMENT COOE 14-25
Approach profiles will depict the compos
tlre width and along the length of each
ite profile based on the highest terrain across
approach surface (Helistop approach surface
profiles are required for the inner 1,000 feet only)'
C. DescriPtion of Effect.
Description of effect on State and local economic and transportation needs.
ln additio n to the neral subm ittal reoui in section 14-401.followino s ittal
s
Minino Operatio ns. The Appl icant mav subm it materials subm itted tomodion of existinq
Col on
re u
A. Waiver.
or
o of mitta
be relevant to a determinati as to whethe r the oroiect oliesinformion would not
with the approval criteria.
B_l ation ribino the P roiect-
l. MaPs.
The ui
include the followino.shown bv I n and dimensi
ll I oonds:
on:
f3t rock oiles a dumos:
D S
t6t Pits:
l7l Tai linos im ents:
t8ì Mills and oth orocessino ities:
t9t treatment ities:
10
(111 Bo pits. topsoi topdressinqs storaoe.
a
(13) Exi stino and pro roads th at will be used for the
h and
u4l All oeothermal hot sorinos and located i n the lmoact
for
fi5)All caves a karst formati and cave resou areas ln
the lmpact Area.
fi6)ll other maior
DRAFT 04/27/2020
Cooe
facilities or res
14-26GInTIEIO GOU¡ITY L¡ruO USE AND DEVELOPMENT
b.Descriotion of anv abandoned or exi no mine within fi l5l miles
ma
tvoe of stockoiles. adits.afts. orocessino lities. and
other mine facilities and works.
on
A mao showino rface and minera I ownershio and lea ses andc.
holder.
2. Proiect n. Narrative descri n of the tvpe and mineralization of
ore bodv:the tvoes and methods of orooosed mineral extraction.
c Renorts. Plans and
tons
mine unit:total numþer of acres of land that will be d rbed and a
kd of in
each mine unit. road infrastructure structure: and nv other
ct n of
Mininq Operation.
nts.
A Mini n ES
l)escriotion of the methodls) of min to be tn ea che.
staoe of t ooeration as rel to anv surface nce on
affected land,
c Allwater ciiversions and i nclments:
d.Size of areals) to be worked at anv one ti me
e- Ao mate timetable for Minino Ooeration no the
and the
aMi
f lì Esti mate of the oeriods time which will be uired for
the various ph of the ooeration:
el Description of the size and I ion of each to be
worked during each phase: and
(3) Outline of the sequence in whi ch each phase of the Minino
Operation will be carried out.
f. Descri otion of orimarv and arv commodities be mined
and the intended use.
q D n of the intended use of all expected incidental products
to be ned
h- Esti S-vear interval m ino olan includino s sections
clearlv showinq each of the followinq:
ì1 Phasino of mtnt nn a 5-vear basis
el Depth and confiouration r orooosed
mininq,
of existinq andio
t4-27G¡nnelo Cou¡¡rv Llruo Use nruo Developue¡¡r Cooe
DRAFT 04/27/2020
Quantitv and locat ion of tops oil re and oro(3)
location of anv toPsoil stockPile:
f5t istino conto and r interval rs
A tn incl
followinq:
ll I Fin deoth confiou on of mini site:
and location of overburde n. mtnlnq waste2l
products and anv bv-Products:
se mi
al of en
and no Plan. A descriotion nd maos sh owtno2.Extracti
Ooen oits and underqrou nd mini facilities i ncludino loa.
h in
a
electrowinnino.
lines.lities.includino sumos.nksc.llarv
capacitv.
nd tn ti
nd n
disposal caPacitv:
e
m and mate rial. dimen sion and of ls.and
plpes
ef
soil.urden, ba rren water than 0.1% sulfur),ore,
e
Rock.and Hioh s Plan. A olan. prepa bva le tneer.
r nner
he n
above aoolicable standards.The olan I take into conside the
nd il
d n. and freouencv theamount. ¡
on
ine
DRAFT 04/27/2020
Cooe
da tn
of on
oil
14-28Glnnelo Goururv LAND UsE l¡¡o DeveloPMENT
na
applicable standards.
Fllaefinn Plan A nlan hv a nualifiecl hlastino firm ôr ênôrnêêr
that describes:
e- Maximum weioht of exolosives to be on each
occurrence
b. Tvpe of explosive aqent;
c. Maximum pounds Per delav:
d. Method of packino and tvoe of initiation device to used for each
hole:
e_Blastino ule: and
f res to ensure that erees will not adverselv
affected bv blastino.
5. Air Qualitv.
a,Qualitv Modelino. Monitori and Mitioation.
fll Air Qualitv Modeli no Plan. A olan for lino to be
conducted bv a third-partv consultant that provides for
emissions inventories and air qualitv impact studies based
upon proposed equipment use and proiect phases.
l2l Air Oualitv Monitori no Plan. A monitorino olan that nrovides
for:
fa)Pre-development baseline bient air qualitv
lbl Air qualitv monitorino orooram
testinq completed bv a consultant if approval from
surround surface owners can obtained.
bva
consultant mutually aoreed to bv both the Applicant
and the Countv and paid for bv Applicant. The
prooram will require monitorinq for all potential
emissions. includinq initial air qualitv
measurements and an onooino monitorinq
proqram. includino monitorinq of dust from
equipment and stockpiles, to ensure that durinq
operation dust leavinq the subiect propertv does
not exceed initial air qualitv levels.
lcl Additional monito rino âs needed resnoncl to
emerqencv events. Aoolicant will
access to the Countv's third-þartv inspector as
needed to allow air samolino to occur
orovide site
(3)Air Qualitv Mitiqation Plan. A plan that demonstrates
compliance with air qualitv standards in Division 5 of this
Article.
PI h emrssto
odors bv Minino Ooeration and will not
create a public nuisance.
to ensure that the Ooeration
14-29GrRprelo Gouurv LAND UsE n¡¡o DeveloprueHr Cooe
DRAFT 04/27/2020
a.Minimizi the d rbed a-
hi
ln utino a h h wind ction ron
G
fo
wind break.
r
of
r a
anchoring the cover.
r
and pedestrian use areas.
niM na
f¡il
nq and truck tarps and i lino ntrv exitUse of fabric
materialfrom tires.
a
mi
a
proposed mine location;
ron ni
S
nt a
e
e
M of
rs and related s bsurface water nnoallown ao
of
Dire e the oeneral direction and of of
a
c cre
d
to
media to and includinq the uppe r mostcbe all oorc
r
m
al u
ls
GrRnelo Gouuv LAND UsE AND
DRAFT 0/r/27/2020
DeveloPueNT CoDE
d
nd
rS
14-30
d Man locatino maior fracture svstems that rock
m
WASTE disposal solution ntainment faci and
acid@
Describe and ill strate the hvdroo eoloov of the wheree.
9. Grou
oroundwater.
Baseline Qual Data for Minino tons.
lndicate the existi o and reasonablv ootential future oa.
nd mil of the
distance bevond two (2)miles or reduce the distance low fwo
(2) mil based on the of the Mini no Ooeration and the
hvdrooeologv of the location of the Operation.
b Submit at a mini m. oroundwater oualitv data col d tinno
five (5)successive ca ndar ouarters.or âs soecified hv the
Director,as mav be necessary to adeouatelv cha cterize
co base
r S
adequacv of proposed maintenance and mitioation.
10. Water Oualitv Monitorino and Mitioation A olan to m aclverse
impacts to water qualitv, includinq:
An inventorv and location of all r bodies within lmoacta
those water bodies.
b.An inve rv of all water wells in the lm Area. To extent
on n-
be and looqed for quant itv and qualitv of orior to
the Mininq Operation can be measured.
d nitorin
M
ml with
Article and include:
fro
Th
inD
(1)stream seoments. other waterbod and
oroundwater to be monitored.
t2l Locations for and freouencv S amnlino and m ito ri no to
establish baseline of existinq conditions udino existinq
water ou aouatic life and
groundwater data.
DRAFT 04/27/2020
Cooe
macro-inverte
14-31GIRPIETO COUHTV LAND USE AIO DEVCIOPMENT
indicators water itv and hea and3l Kev
th n
Operation.
S
the life of the Mininq OPeration'
be
rs
d.
that i ncludes manaoe ment ora ctices for nstructio and
I Proh ibition of routine vehicle and mach inerv m nce
imfue
material.
ofP
to an approved discharqe Permit.
forn
d
e incl
r
inte ni
Operation.
Description of the envi ronmental imoacts with eachc.
source of water.
h
reclamation Plus ten (10) vears.
will
n
ofe
dfi
ble
12.ofl to
a
resources.
G¡Rnelo Goururv Lnruo Use lruo DeveloPMENT
DRAFT 04/27/2020
CoDE 14-32
nd n
renort that incl a detailed assessment of features.csA
rst
lmpact Area. includinq:
a Biota. Value s seasonal or vear-lonq h itat for oroani SMS OT
su ft
n ce
b Cultural. H orooerties or arch ical resou las
60.4 R7 featu
are incl ded in or eliqibl e for inclusion in the National rof
H r
preh istorv. histori associatio ns. or other hi lor itional
significance.
c. Geoloqic/Mineraloqic/Paleontoloqic.
rmt
othenruise useful for studv.
(21 Deposits of sediments or features useful for evaluatino
Past events.
ial
educational or scientific information.
c.o
or
e.Recreationa I Recreation oooortu or scenic val ltes
red
na
a or
or SU
notable.
cri an im
of
cave resources.
G
u3
or r
ll Prevention ntrol and Co ntermeasures P lan. A olan ressino14.
iil
that includes:
na iste FR
a. Baseline nt of conditi ons of the ls within the lmoactASSESS
Area.
of ini
and containment.
ures and o and
DRAFT 0ir/27/2020
Cooe
and
s for
ls
soills
14-33
d M res.
the followins:
Grnnelo Gouurv LAND UsE lruo DeveloPMENT
fi)Soills and releases of anv size which impact or th reaten to
res
t2l Soills and releases of a nv size which impact or th reaten to
the Countv immediatelv after discovery.
(3)Spills,ical spills releases will be tn
a nce with a licable state and federa I laws.
Applicant provides to anv aqencv.
ures, and protoco ls for clean anderes.
f. Cou ntv. or its desionee,undertake orevention,
n
Aopl nt fails to comolv with its obliqati s under Spl//
a
Aooli will oav I costs incu bv the ntv for such
measures.
Waste Water a nd Hazard ous Materials Man Plan.olan15.Mine
that provides for:
of
and bl astino aoe in such a nner as to orevent ental
into
of mi
leach inino unless the use of s uch materia s or chemical minino
proce SS IS and wi not have an adverse imoact n the
ic
mum
c.Disoosal mine wa that ma retain rdous che icals.
m
accord ân ce with I state nd federal u irements.Non-
ous wastes ll be and oraded to allow
of
water runoff the m ines. waste oiles or other
stto
h
DRAFT 04/27/2020
Cooe
will
n
n
14-34GnRnelo Coururv Lnruo Use lruo DeveloPMENT
c ies d res
seepaq e of leachate from mine into orou water
Mitioation a Monitorinq Pl an. A survev of ambient16.otse
s
Ooerati and a plan for monitorinq and mitiqation of the imoacts,
includinq:
An noi
all of the Mininq n. ore bvaq ified
f ll Measu of nd notse s on the site ancl at
ns be th
operation.
l2l Docum entation of ambient level rto
beqinnino each phase of the operation.
13ì ldentifi on of of noise each ohase of the
operation.
b A descriotion of how the Mi nino Ooerati will comolv
on
nti of
will be mitiqated.
l1l ln determini nq norse itioation c site
wi
lal N and oroximitv of adiacent oment.
(bl Seasonal and ilino weat her oatterns. i cludino
wind directions.
lc)Veoetative on and adi acent to the
lands.
(d)ohv
e I Mitioation measures includin but not limited to best
manaqement Practices such as:
(al Restrictions o hours of o ration. e of
ion nd
S tru nds
tb)Measures to control on-site norse oene bv
ni inclu
restrict s on the use of iake brakes on-off-site
the
except in emergencies. banoinq of tailqates or use
of horns on-site, and reoulation of truck speeds.
Such measures will be imposed pursuant to noise
stanOaids ¡ndicated in t+-SOa.V. table . 1.
Maximum Permissible Noise Levels for Mininq
Operafions except in contradiction of state or
federal requirements.
(3)A program for periodic noise monitoring
DRAFT 04/27/2020
Gooe 14-35Grnnelo CouNTY LlHo Use lnp DrveloPMENT
17. Grading, Erosion, and Sediment Control Plan
how the project will be designed to meet the
A plan that demonstrates
standards in Division 5 of
this Article, and includes:
a. Existing (dashed lines) and proposed (solid lines) contours at two-
foot intervals or other contour intervals approved by staff'
b. Narrative description and scaled drawings of specific erosion and
sediment control measures, including approximate locations of
drainage facilities and drainage patterns on the affected land; and
Wetlands or other water bodies receiving storm runoff from the
affected land. Typical erosion control measures should be
depicted using and standard map symbols.
c. Construction schedule, indicating the anticipated starting and
completion time periods of the site grading and/or construction
phases including the installation and removal of erosion and
sediment control measures, and the estimated duration of
exposure of each area prior to the completion of temporary
erosion and sediment control measures'
d. Estimated total cost of the required temporary soil erosion and
sediment control measures, to determine performance guarantees
for the proPosed Plan.
e. Calculations made for determining rainfall runoff and sizing of any
sediment basins, diversions, conveyance, or detention/ retention
facilities.
18.Road lmproveme and Maintenance Plan, A plan that includes
Mai trave
ned d
uate
roads alonq the proPosed route; and
im
publi for all mod of travel alonq travel routes to from
the site.
c. Access Roads:
(l) Location, improvements and maintenance of access points
to public roads to assure adequate capacitv for efficient
movement of existing and proiected traffic volumes and to
minimize traffic hazards.
of access roads a m inimum dista of ?ooeìlm
feet on the access road the ooint of con toa
u access
rface
im SU
(concrete or asohalt) for 100 feet oast the hard surface in
the aþÞro deoth to support the weiqht load
requirements of the vehicles accessino the well and
production facilities.
GrRnelo Goururv LAND UsE a¡¡o Developrue¡¡r Cooe
DRAFT 04/27/2020
14-36
f3l lf an a road i with a n trail r walk.
nce
proiect.
t4l on of access to the affe lands duri oost-
r
nd
present on the affected lands.
h
US
du inin
n
ls
on
l9- Transoortation Plan
and eouioment to haul materials to and from Mininq
o n The Pl shall I all to
({ì Map i icatinq trio routes for all traffic servino
nd
operations
ned the
n lities
locations.
lal When a route incl udes streets na
aoolica municioal ent to establish
appropriate routes.
tbl When a route is located n eer a
devel area. the Countv will h the
st
residential or tourist areas.
I Limit traffic o n public roads du rino seasons when heavv
vehicle use. weather conditions. or water n mâv
result in siqnificant damaqe.
(4)weioht trucks so that thev do exceed or
is
ral ire
li
DRAFT 04/27/2020
Gooe
mini
me of
n
to
ou
of
14-37G¡nnelo CoururY LlHo Use lno DeveloPMENT
minimization. and traffic control safetv measures:
20.
,Aì l- ^r aa¡h canmanl nf f nrannea¡.| rnr rla in l^nr rnfrr
n
volumes, and frequencies (dailv. weeklv, total) and timinq
Gimes of dav) of all vehicles to be used for the proposed
mininq operation.
ion Assessment and M ation Plan
of
b. A plan to mitioate construction and operational vibration imÞacts
at the boundarv of the affected ands.
c. Assessment of the Net Effect of vibrations at the boundarv of
affected lands.
nt
21 and Weed Manaoement Pla n. The olan shall include
atio
the Mini no Ooeration to the orioinal state in sixtv (60)after
discontinued use of such roads.
22- Recla mation Plan. A led olan showin nronosed reclam n with
time schedules. The plan shall include:
Finish contours. q radino. slooino:olacement.amounta
b
of vegetation.
Plans for land after Mininq
G.ov of orooosed mation submitted to DRMS.
d Permit aoproval will be conditioned on receiot of the aooroved
DRMS Reclamation Permit to Countv.
23 Geolooic nd Natural Hazards ent and M Plan.
2 Geolooic Natural Hazards Reoort. A reoort lino the
within
oPeration.
H n.A
rati and
hazards imoacts of the M ino Ooeration on oic and
natural hazards.
24. Liohti Plan. A olan for installation of d cast liohtino or e other
and
þ orovided.. that the olan shall orovide for e use of
liohtinq is necessarv for blic and occuþatio al safetv
25. Em cv Prepa and Resoonse P lan. A olan that dresses
events such as: explosions, fires,toxic emissions,ion of
hazardo material. and include
of
cle accidents or nills The olan
l4-38Grnrrelo Goururv Llruo Us¡ n¡¡p Developuerur Cooe
DRAFT 04/27/2020
me nse mes
the Minin qO n.
Approval ol a 1041 permit will be based on whether the project satisfies the following approval
standards.
I4-50I. GENERAL APPROVAL STANDARDS.
The following general standards will apply to all applications subject to review under this Article:
A. Necessary Propertv Riqhts. PermitsandApprovals-lAfill€eêbtained.
PPlicant ean
anC-wi{,will_obtain all necessary property rights, permits, and approvals for the proiect
prior to anv site disturbance.prqþet. The BOCC may, at its discretion, defer making a
final decision on tfre appl'cat'on úntil outstanding property rights, permits, and approvals
are obtained.
B. Expertise and Financial Capability'
The Applicant has the necessary expertise and financial capability to develop and
operate the project consistent with all requirements and conditions.
C. TechnicalandFinancialFeasibility'
The project is technically and financially feasible. This determination may include, but is
not limited to, the following considerations:
l.Amountofdebtassociatedwiththeproposedactivity;
Z. Debt retirement schedule and sources of funding to retire the debt;
3. Estimated construction costs and construction schedule;
4. Estimated annual operation, maintenance and monitoring costs; and
5. Market conditions.
D. Compatibility with Surrounding Land Uses'
The project-wi man m
surroundinq la nd uses. The proposed operation will be located so as- to mitigate
cumulative impacts to roads, air, and water qu ality
E. Risk from Natural Hazards.
The project is not subject to significant risk from natural hazards. This determination may
include,- but is not limited to the following considerations:
1. Faults and fissures;
2. Unstable slopes including landslides, rock slides, and Avalanche Areas;
3. Expansive,-er evaporative or hvdro-compactive soils and risk of
subsidence;
4. Wildfire hazard areas; and
5. FloodPlains.
trol of Fire azards.
The proiect will not create an unreasonable risk of fire hazard.
F
DIVISION 5. 1041 PERMI T APPROVAL STANDARDS
Grnrtelo Cou¡¡rv Ln¡¡o Use n¡¡o DeveloPMENT
DRAFT 04/27/2020
Cooe 14-39
G.n
The project will be in conformance with the County's Comprehensive Plan, municipal
master plans, and any other applicable plans.
H. Effect on Local Government Services.
The project will not have a significant adverse effect on the capability of local
gou"rnr'"nt to provide services or on the capacity of service delivery systems. This
ðetermination may include, but is not limited, to the following considerations:
1. Existing and potential financial capability of local governments to
accommodate development related to the project'
2. Current and projected capacity of roads, schools, infrastructure, housing,
and other services and impact of the project upon the capacity.
3. Changes caused by the project in the cost of providing education,
transfortation networks, water treatment and wastewater treatment,
emergency services, or other governmental services or facilities.
4. Changes in short- or long-term housing availability, location, cost, or
condition.
5. Need for temporary roads to access phases of the project.
6. Change in demand for public transportation'
T. Change in the amount of water available for future water supply in the
CountY.
!. Housing.
The project will not have a significant adverse effect on housing availability or cost.
J. Financial Burden'
The project will not create an undue financial burden on existing or future residents of
tfre óounty. This determination may include, but is not limited to, the following
considerations
1. Changes in assessed valuation;
2. Tax revenues and fees to local governments that will be generated by the
ProPosed activity;
3. Changes in tax revenues caused by agricultural lands being removed
from production;
4. Changes in costs to water users to exercise their water rights;
5, Changes in costs of water treatment or wastewater treatment;
6. Effects on wastewater discharge Permits;
T. lnability of water users to get water into their diversion structures; and
8. Changes in total property tax burden'
K. Effect on EconomY.
The project will not Significantly Degrade any sector of the local economy. This
determination may includè, but is not limited to, the following considerations:
1. Changes to projected revenues generated from each economic sector;
Genrtelo Coururv LAND UsE ¡t'lo DeveuoPMENT
DRAFT 04/27/2020
Gooe 14-40
2.Changes in the value or productivity of any lands; and
3.Changesinopportunitiesforeconomicdiversification'
t. Recreational ExPerience.
The project will not have a significant adverse effect on the quality or quantity of
,.".r"ätión"l opportunities and eiperience. This determination may include, but is not
limited to, the following considerations:
1. Changes to existing and projected visitor days;
2. Changes to duration of kayaking and rafting seasons;
3. Changes in quality and quantity of fisheries;
4. Changes in access to recreational resources;
5. Changes to quality and quantity of hiking trails;
6. Changes to the wilderness experience or other opportunity for solitude in
the natural environment;
7. Changes to hunting; and
8. Changes to the quality of the skiing experience'
M. Conservation.
The project-will be planneding, designed, and operatCd
reReótg
'pr¡nãiples of resource conservation, energy efficiency and recycling or reuse.
formatiensi€€d
a, The determinatien ef effeets ef the prepesed aetivity en surfaee
€€n€iC€1Ea+i€{q€+
Grnnelo Gouurv Lnruo Use n¡¡o
DRAFT 04/27/2020
Developuem Cooe 1441
@
(5) Ghanges in sediment leading te Water Bedies;
@
(9) Ghanges in the eapaeity er funetiening ef streams' lakes;
(+1) Ghanges in dilutien rates ef mine waste; agrieultural runeff;
€€n€¡d€+eti€ns+
;
nrea;-an¿
(3) Changes in quality ef well water within the lmpaet Area,
e- The determinatien ef effeets ef the prepesed aetivity en Wetlands
€€nsiCe+eti€n€+
(2) Ghanges te the filtering and pellutant uptake eapaeities ef
;
(5) Transitien frem Wetland te upland speeies; and
C, The determinatien ef effeets ef the prepesed aetivity en terrestrial
er aquatic life may ineludei þut is net limited te; the fellewing
€€'Hsidereti€Ê€+
;
(4) Ghanges in numþer ef threatened er endangered speeies;
Grnnelo Counrv Llt,lo Use ¡¡¡o Dgvelopue¡¡r Gooe
DRAFT 04/27/2020
1442
greunds; mating greHnds; nest¡ng greunds; summer er
winter range, migratien reutes, er any ether haþitat features
N
o
te{+e€t+ia+€Êim€{q
e- The determinatien ef effeets ef the prepesed aetivity en terrestrial
plant life er habitat may inelude, but is net limited te' the fellewing
(1) Ghanges te habitat ef threatened er endangered plant
spe€teq
(2) Ghanges te the strueture and funetien ef vegetatien;
ineludlng speeies eempesitien, diversity' þiemass; and
Predu€+lvt+Y;
(3) Ghanges in edvancement er successien ef des¡reþle and
(4) Changes in threatened er endangered speeies,
f- The determinatien ef effeets ef the prepesed aetivity en seils and
€€nsiCera+iens:
Hee¿pein€i
€henf,el-stebil+tyi
(4) Changes te Âvalanehe Areas, mudflews and deþris fans;
(6) Exaeerþatien ef seismie eeneerns and suþsidenee'
Air Quality.
1. The project will not significantly degrade air quality.
Z. The determination of impacts of the project on air quality may include but
is not limited to changes to seasonal ambient air quality, changes in
visibility, and micro climates and applicable air quality standards.
VisualQuality.
1. The project will not significantly degrade visual quality.
Grnnelo Goururv Lnlo Use nno DeveloPMENT
DRAFT 0427/2020
CoDE 1443
e.
2.The determination of visual effects of the Project may include but is not
limited to:
a. Visual changes to ground cover and vegetation, waterfalls and
streams, or other natural features;
b. lnterference with view sheds and scenic vistas;
c. Changes in appearances of forest canopies;
d. Changes in landscape character types or unique land formations;
and
e. Compatibility of building and structure design and materials with
surrounding land uses.
Surface water qualitY
1. The project will not signifÏcantly degrade water quality'
Z. The determination of impacts to water quality of the Project may include
but is not limited to:
a. changes to existing water quality, including patterns of water
circulãtion, temperãture, conditions of the substrate, extent and
persistence of suspended particulates and clarity, odor, color or
taste of water;
b. Applicable narrative and numeric water quality standards;
c.Changesinpointandnonpointsourcepollutionloads;
d. lncrease in erosion;
e. Changes in sediment loading to Water Bodies;
f. Changes in stream channel or shoreline stability;
g. Changes in stormwater runoff flows;
h. Changes in trophic status or in eutrophication rates in lakes and
reservoirs;
i changes in the capacity or functioning of streams, lakes, or
reservoirs;
j. Changes in flushing flows; and
k. Changes in dilution rates of mine waste, agricultural runoff, and
other unregulated sources of pollutants'
Ground water qualitY.
1. The project will not significantly degrade groundwater quality or
functions.
2. The determination of impacts to groundwater of the project may include
but is not limited to:
a. changes in aquifer recharge rates, groundwater levels and aquifer
""p".ìty including seepagé losses through aquifer boundaries and
at aquifer-stream i nterfaces;
b. Changes in capacity and function of wells within the lmpact Area;
and
o.
GIRTIEIO GOUruTY LAND USE IHO DEVEIOPMENT
DRAFT 04/27/2020
Cooe 1444
c.Changes in quality of well water within the lmpact Area.
R,Wetlands and riParian areas.
1. The project will not significantly degrade wetlands and riparian areas.
wetlands a d rioarian hab mitioation s ll be coord with
S
2.
Colorad o Parks and Wi life and the v Coros of E neers
Z. The determination of impacts to wetlands and riparian areas of the project
may include but is not limited to:
a. Changes in the structure and function of Wetlands;
b. changes to the filtering and pollutant uptake capacities of
Wetlands and RiParian Areas;
c. Changes to aerial extent of Wetlands;
d. Changes in species'characteristics and diversity;
e. Transition from Wetland to upland species; and
f. Changes in function and aerial extent of Floodplains'
Wildlife (Terrestrial and Aquatic)
1. The project will not significantly degrade terrestrial or aquatic life.
ha S o
3.
and Wildlife.
The determination of effects of the project on terrestrial or aquatic life may
include, but is not limited to, the following considerations:
a. Changes that result in loss of oxygen for aquatic life;
b. Changes in flushing flows;
c. Changes in species composition or density;
d. changes in number of threatened or endangered species;
e. Changes to habitat and critical habitat, including calving grounds,
mating grounds, nesting grounds, summer or winter range,
migratioi routes, or any other habitat features necessary for the
prıtection and propagation of any terrestrial animals;
f. Changes to habitat and critical habitat, including stream bed and
banks_, spawning grounds, riffle and side pool areas, flushing
flows, nutrient aôcumulation and cycling, water temperature, depth
and circulation, stratification, and any other conditions necessary
fortheprotectionandpropagationofaquaticspecies;and
g. Changes to the aquatic and terrestrialfood webs'
Plant Life (Terrestrial)
1. The project will not significantly degrade terrestrial plan life or habitat.
Z. The determination of effects of the Project on terrestrial plant life or
habitat may include, but is not limited to, the following considerations:
a. changes to habitat of threatened or endangered plant species;
I
Gnnnelo Counrv LAND UsE lruo DeveloPMENT
DRAFT 04/27/2020
Cooe 1445
b.Changes to the structure and
species composition, diversitY, bi
function of vegetation, including
omass, and productivitY;
c. Changes in advancement or succession of desirable and less
desiráble species, including noxious weeds; and
d. Changes in threatened or endangered species'
U. Veoetation and Weed Manaqement'
lm will inta
weeds or other invasive sPecies.
y. Soils and Geologic Conditions
1. The project will not significantly degrade soils and geologic conditions.
Z. The determination of effects of the proposed activity on soils and geologic
conditions may include, but is not limited to, the following considerations:
a. changes to the topography, natural drainage patterns, soil
morpñology, and productivity, soil erosion potential, and
Floodplains;
b. Changes to stream sedimentation, geomorphology, and channel
stability;
c. Changes to lake and reservoir bank stability and sedimentation,
and safety of existing reservoirs;
d. Changes to Avalanche Areas, mudflows and debris fans, and
other unstable and potentially unstable slopes; and
e.Exacerbationofseismicconcernsandsubsidence'
W. Traffic.
a sionifi adverse i on in the lm Area.
a
The o ct will not
The level of service for each road seq ment will not be reduced1
over pre-proiect conditions.
The owner will bear the cost of all im ments. repa and2
the
a.is ic
into
nth
improvements and maintenance.
fi
nt
fin
DRAFT 04/27/2020
Cooe
ta
ns.
Co
14-46Grnnelo GouHrv LAND UsE e¡¡o DeveloPMENT
X. Nuisance.
The project will not eause a nuisanee as defined within this Artiele interfere with the use
and enjóvment of propertv within the lmpact Area. Such interference shall be deemed a
nuisance pursuant to C.R.S. $ 30-15-40.
Y Areas of Paleontological, Historic or Archaeological lmportance.
The project will_not qignificantly g[egrade areas of-paleontological, historic, or
archaeological imPortance.
Z. Aoricu ral Resources
The oroiect will not cause a siqnifi impact on aqric lands and
c is
to meet this standard.
AA. Release of Hazardous Materials.
The project will not result in unreasonable risk of releases of hazardous materials.
BB. Benefits Versus Loss of Resources.
The benefits accruing to the County and its citizens from the project outweigh the losses
of any resources wittrin the County, or the losses of opportunities to develop such
resources.
CC.' Best Alternative. The project represents the alternative that best complies with
-@andistheleastdetrimentalpracticablealternative'
DD. Project Need.
The project is needed within the County and/or area to be served.
EE. Gompliance with Required Plans and Reports.
with al ul nder
! of this Article.
14.502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT
FACILITIES.
ln addition to the general standards set forth in section 14-501, the following additional
standards will apply to Rapid or Mass Transit Facilities:
A. Areas Around Rapid or Mass Transit.
Areas around Rapid or Mass Transit Facilities will be administered to:
1. Promote the efficient utilization of the Rapid or Mass Transit Facility;
2. Facilitate traffic circulation patterns of roadways serving the Mass Transit
Facility; and
3. Promote development that will include bike and pedestrian paths
providing access to the Rapid or Mass Transit Facility.
B. Site Selection'
Site Selection of Rapid or Mass Transit Facilities.
1. Activities involving Rapid or Mass Transit Facilities will be conducted with
reasonable considerations to the character of the area and its peculiar
suitability for particular uses.
2. Rapid or Mass Transit Facilities will be located so as to preserve the
value of buildings at the site and avoid demolition of businesses or
residences to the extent Possi ble. Proposed locations of Rapid or Mass
h
Gnnnelo Cou¡¡rv L¡tto Use lruo Deveuopuerur Cooe
DRAFT 04/27/2020
1447
Transit Facilities
businesses will
alternatives.
Rapid or Mass
encourages the
corridor.
which will not require the demolition of residences or
be given preferred consideration over competing
3 Transit Facilities will be located in a manner that
most appropriate use of land through the affected
4. A proposed location of a rapid or Mass Transit Terminal, Station, or Fixed
Guidéway that imposes a burden or deprivation on a local government
cannot bó justified on the basis of local benefit alone, nor will a Permit for
such a location be denied solely because the location places a burden or
deprivation on one local goveinment as required by C.R'S. S 24-65.1-
204(4)(c).
5. Stations, Shelters, and Terminals will be appropriately located to meet
transit needs and to attract maximum ridership. The length of passenger
platforms will equal or exceed the maximum length of any train or other
conveyance that will load and unload passengers at the station.
6. Rapid or Mass Transit Facilities will have adequate and safe ingress and
egress for all transit modes.
7. The location of Fixed Guideways will maximize joint use of rights-of-way
for trails and bikeways and other transportation alternatives.
g. Rapid or Mass Transit Facilities will be designed and located in a manner
thai will reduce traffic congestion and resulting air pollution.
g. Rapid or Mass Transit Facilities will be located and designed so as to
minimize noise and to protect and preserve unique natural and cultural
factors and visual amenities.
10. Guideway design and location will not permit snow plumes from snow
removal equiprient on the guideway to reach the travel surface of a
plowed publii road except aiintersections, nor will guideways be placed
br designed so that snow plumes from snow removal equipment on public
roads will reach the guideway. ln determining the right-of-way and
corridor alignment for Rapid Transit, consideration will be given to areas
needed for snow storage along the guideway'
11. The parking areas associated with a rapid or Mass Transit Terminal or
Station will-be capable of holding a number of automobiles that equals the
number of passengers expected to ride on peak periods multiplied.by a
factor of .75 unlesJthe Applicant can demonstrate through studies that a
lesser number is sufficient.
a. The required capacity for parking areas associated with a
Terminai or Station may be modified based upon sufficient
evidence of passenger lóading from other forms of intermodal
transfer (such as Amtrak, tour buses, regional surface buses,
carPools, etc.).
b. The Applicant may initially provide a smaller number of parking
sprceé it tne totat ârea dedicated to potential parking expansion is
shown to be large enough to accommodate the required number
of parking spacês and ihe Applicant provides financial security
acceptabi'e to the BOCC which guarantees that the required
number can be built if actual need is shown after operation begins.
12. Access roads to a rapid or Mass Transit Station or Terminal will be
designed, constructed or improved to accommodate, during a 15 minute
Gennelo Coulrv LAND UsE llo DeveloPMENT
DRAFT 04/27/2020
CoDE 1448
14.503. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF SOLID WASTE
DISPOSAL SITES.
rn addition to the generar standards set forth in section 14-s01, the following additional
.t"ñãáro, wilt apply io site selection of solid waste Disposal sites:
A. State and Federal Regulations'
Demonstration of compliance *th ãll ápplicable state and federal laws and regulations'
I4.So4.ADDITIoNALSTANDARDSAPPLIGABLEToSITEsELEcTIoNoFDoMESTIC
WATER ÀI.¡O SEWNGE TREATMENT SYSTEMS'
rn addition to the generar standards set forth in section 14-s01, the following additional
standards will appty i';;it" ;"þction olDomestic Water and Sewage Treatment Systems:
A. State and Federal Regulations'
Demonstration of compliance rirìir' ãil applicable state and federal laws and regulations'
14-50s. ADDTnoNAL sTANDARDS APPLIGABLE To slrE sELEcrloN FoR ARTERIAL
HIGHWAYS AND INTERCHANGES.
rn addition to the generar standards set forth in section 14-s01, the following additional
standards will apply å-tii" selection for Arterial Highways and lnterchanges:
A'AreasAroundArterialHighways,lnterchanges,andco|lectors.
Areas around Arterial Highways, f nt"t.ñáñg"t, änO Collector Highways will be designed and
Encourage the smooth flow of traffic;
Foster the development of such areas in a manner calculated to preserve
the smooth flow of such traffic;
Preserve desirable existing community patterns;
Minimize danger associated with Highway traffic; and
Encourage compatibility with non-motorized traffic'
administered to:
1.
2.
period,the maximum number of automobiles antici pated to arrive before
the sch eduled deParture of the Mass Transit conveyance without causing
cars to back uP onto the Public road serving the facilitY
13. The Manual on Traffic Control Devices will apply to safety devices at
intersections of a Fixed GuidewaY and other Transportation Corridors'
Gtnrtelo Cou¡¡rY L¡ruo UsE lt'lo
3.
4.
5.
B Site Selection.,1. Arterial Highways and lnterchanges will be located and designed so that
communitY traffic needs are met'
2. Arterial Highways and lnterchanges will be located and designed so that
desirable community patterns are not disrupted'
HELIPORTS.
A.ProtectionofPublicHealth,safetyandWelfare'
Areas around nirports-anO Heliports witi Oe aOm¡nistered to avoid danger to public safety
and health o'. to profãrtv ãr"lä"ircraft ciashes. tn addition to the general standards set
{4.S06.ADDITIoNALSTANDARDSAPPLIGABLEToAREASARoUNDAIRPoRTSAND
DRAFT 04/27/2020
DevetoPnnelr Cooe 1449
forth in section 14-501, the fol
Glnrtelo Cout.lrv LlHo Use lno
Airports and HeliPorts.
B. Prohibited Uses and Activities'
l.ThefollowingusesareprohibitedintheAirporVHeliportlnfluenceoverlay
District.
a. Sanitary landfills; and
b. Water treatment Plants'
2. No structures will be allowed in the Runway Protection Zone (RPZ),
except that accestow iiu.tures to Airport opérations may be located in
the RpZ based upon "óp.u"f by the FAA. For purposes of this
document, tee markerr, iö signs, pin cups, and pins are not considered
to be structures'
3.PublicassemblyfacilitiesareprohibitedintheRPZ.
4.HighdensityuseswillbeprohibitedinApproachSurfaces.
C. Permitted Uses and Activities'
The forowing uses are permitted witnin tre Airport/Heriport rnfruence Area overlay to the
extent that they are permitted by the underrying zone district, and the proposed use
complies with applið"[1" ,t"nOards for the zoñe ãistrict, the use restrictions set forth in
Table 3-303.A, Airport overlay use Réstriction and Table 3-303.8, Use Restrictions
Based on Noise Levels.
1. Public Assembly Facilities. Public assembly facilities- ma.y b9 allowed in
npprã""ñ srrrrô"r if thã potential danger to public safety is minimal'
2.Residential'ResidentialstructureswillbelocatedoutsideApproach
Surfacesunlessnopracticablealternativesexist.
3. Golf courses. Golf courses may be allowed conditioned upon the use of
""."ptáã
tãn"g"t"ni tá"ñniqri"s to- re!.uce existing Wildlife attractants
ano-to avoid thJcreation of new wildlife attractants'
4.FarmUse.Farmingpracticesthatcomplywith!|'9l9.oT.*endationsof
rnn nã"irory circutai tsolszoo-3A, Hazardous wildlife Attractants on or
Near AirPorts, will be encouraged'
5. Utilities.
a.lntheRPZ,utilities,powerlines,andpipelineswillbelocated
underground.
b'lnApproachsurfacesandAirportDirectandSecondarylmpact
Areas, tne proposão ñeight of utilities will be coordinated with the
Airport SPonsor and the BOCC'
6.WetlandMitigation,Creation,Enhancement,andRestoration.Wetland
construction, enhancement, iestoration, or Mitigation projects within the
ou"rläViittúct will Oe suOject to review under the Major lmpact Review'
andmaybepermittedoaseduponcompliancewiththeapplicable
standards'
a. Location of weiland Mitigation banks outside Approach surfaces
and areas ,"ırËi"o ,nä"r this overlay district is encouraged
because of tñ;-b;"nti"l for increased air navigation safety
hazards.
b. weiland Mitigation, creation, enh,ancement, or restoration projects
existing ol' ,pö.u"0 on the effective date of this Articlethese
lowing standards apply to land use in areas around
DRAFT 04/27/2020
Developrt¡e¡lr cooe 14-50
with the following requirements:
a.Noneworexpandedwaterimpoundmentsofll4acreinsizeor
larger will be p"*itt"á *iff,¡n'an Approach surface and within
5,0;00 feet from the end of a RunwaY'
8. No new or expanded water impoundments of 114 acre in size or larger will
oe pãimitted' on lano ownåä oy tn" AirporuHeliport sponsor that is
necessary for AirporVHeliport operations'
D. Noise.
Land use proposed to be located within the Noise lmpact Area Boundaries will comply
*îir' tnãAirport Master Plan and FAA Regulations'
E. Avigation and Hazard Easement'
An avigation and iàzara easement ãirã*ing unobstructed passage for aircraft and
ensuring safety ""i,r" J tñé Áirport t"iinã p-rul¡" will be provided and dedicated to the
Airport SPonsor.
1. Recording. The avigation and hazard easement will be recorded in the
office of tñe County Clerk and Recorder'
2.Applicantwillprovideacopyoftherecordedinstrumentpriortoissuance
of a Building Permit'
F. Declaration of Anticipated Noise Levels'
1. A dectaration of antic¡priãã ñãit" levels will be provided tg ?Îy proposed
Land use change, inãruoing divisjon of land, or Building Permit
"ppfî""t¡oñ
for pro[erty located within Noise lmpact Boundary.
2' ln areas where the noise level is anticipated to be at or above 55 Ldn, for
construction of a noise sensitive land. use such as hotel/motel' school'
.r,ri.n]-Àorpìt"i, puuric-r¡orarv, or similar use, the Applicant will be
,"qrir"d to ' demonstrãte thai' a noise abatement strategy will be
in"oipãìrtàO tio g'" Ot¡rOi.J design that will achieve an indoor noise
level equal to or less than 55 Ldn'
G.GommunicationsFacilitiesandElectricallnterference.
No use wi, causé oi ãi""t" etectricái intãrrerence with navigationar signars or radio
commun¡cations between an AirporUHeliport and aircraft'
1'Locationofneworexpanded|ldig,.radiotelephone,andtelevision
transmission facilities
- åno electrical transmission lines within the
AirporUHeliportlnfluen."n'""overtaywillbecoordinatedwiththeBoCC
and the FAA Prior to aPProval'
2.Theapprovalofcellularandothertelephoneorradiocommunication
towers on leased prop"tt' ioòaied within.Airport lmaginary.Surfaces will
be conditioned upon tnáìr removal within 90 days following. the expiration
of the lease "gr""r"ni  nono or other security will be required to
ensure this requirement'
located within area s regulated un der this overlaY
area are recognized as lavrrfully existing uses
7. Water lmPoun dments in APP roach Surfaces, Direct lmpact Areas, and
Secondary lm pact Areas. AnY use or activitY that would result in the
establishment or expanslon of water imPoundments in Approach
Surfaces, Direct lmPact Areas , and Secondary lmPact Areas will comPlY
GnRnelo CounrY Lnno
DRAFT 04/27/2020
Use l¡¡o DeveloPrr¡erur Cooe 14-51
H.o utdoor Lighting.
ated with Airport/Heliport operations will comply with the
Lighti ng oth er than that associ
following standards.
1.Lighting will not Project directly onto an existing Heliport' Runway or
taxiwaY or into existing AirPo rt Approach Surfaces
2. Lighting will incorporate shielding to reflect light away from AirPort
APProach Surfaces'
3.LightingwillnotimitateAirport.lighting.orimpedetheabilityofpilotsto
Oistinöüi J' Oei*eãn AirporUHeliport tigñting and other lighting'
l. Use of Reflective Materials Prohibited'
No glare-producing itatãriaf including,-óui not limited to' unpainted metal or reflective
grass, wi, be useo ãn ine exterior
-otìtiuctures rocated within an Airport Approach
surface o,' on n"rrúvjänJt *ñére grare courd impede a pilot's vision'
J.lndustrialEmissionsThatobscureVisibilityProhibited.
No development will, as part of its regular operations' cause emissions of smoke' dust'
or steam that could bUr"lr" visibility *iñìn Ãitport Approach Surfaces' The BOCC will
impose conditions ããiártin"O to be necessary to ensure that the use does not obscure
visibilitY.
h "r"lil?[i,[i|1]"l,liino"nu,nn :onew'r compry with the heisht'mitations in this
section. when ne¡gri,t iärtri"tioné of tne underrying zone district are more restrictive than
those or the ou"¡"|'ålr.-,ilï:il ilü;"s iãnå ái.tri"t heisht rimitations witt control'
L.PenetrationofDevelopmentintolmaginarySurfaceArea,
No structure or tree, plant, or other äbË ;i;"tu-r"t growth will penetrate an Airport
lmaginary Surface, except as follows:
l.structuresupto3Sfeetinheightmaybepermitted.in.'areaswithin
AirporVHeliportlmaginarySurfacgg,e.xce¡tthoseoutsidetheApproach
and Transitional Surfaðè! where the terrain is at higher elevations than
the Airport Runway/tteñport .rrr"ces such that existing structures and
p"rrittåo developmeñi' penetrate or would penetrate the Airport
lmaginarY Surface'
2.WrittenagreementbytheAirportSponsorandtheFAAwillbeprovided
tor òìrrer ñeight exceptions requested'
M.WetlandGonstruction,Enhancement,Restoration,orMitigation.
werand construction, enhancer"nt, iårioi"tion, or Mitigation projects within the overlay
åitti"t will be will lômply with the following standards'
1. wetland projects will be designed and located to avoid creating a wildlife
hazardor increasing hazardıus movements of birds across Runways or
APProach Surfaces; and
2.Wetlandsprojectsthatcreate,expand,enhance,orrestoreWetlandsthat
are proposed to be loòated *ítr'in'the overlay oistl$11! that would result
in the creation or, náili|"to trpoundment or expansion of an existing
*"ì"i tmpounoment, will demonstrate all of the following:
a. Off-site Mitigation is not practicable;
b.TheWetlandprojectinvolves.existingWetlandAreasregulated
under tne ouJirãiìi.tri.t that have not been associated with
attracting prooiàrätió wildtife to the Airport/Heliport vicinity;
GnRrtelo Gou ¡¡rY L¡t'¡o
DRAFT 04/27/2020
Use n¡¡o DEVELoPMETT Cooe 14-52
The affected Wetlands provide unique ecological functions, such
as critical habitat for threatened or endangered species or ground
water discharge;
The resulting Wetlands are designed, and will be maintained in
perpetuity in a manner that will not increase hazardous
movements of birds feeding, watering, or roosting in areas across
Runways or Approach Surfaces; and
The proposed Wetland project will be coordinated with the Airport
Sponsor, the BOCC, the FAA and FAA's Technical
Representative, the Colorado Parks and Wildlife, the U.S. Fish
and Wildlife Service, and the U.S. Army Corps of Engineers as
part of the Permit application.
Restrictions ln RPZ, Approach Surface, and lmpact Areas. The
land use restrictions in the RPA, Approach Surface, Direct lmpact
Areas and Secondary lmpact Area are identified in Table 14-
506.M.
N. Separation of Noise-Sensitive Land Use.
Areas around Airports and Heliports will be administered to encourage land use patterns
that will separate uncontrollable noise sources from residential and other noise-sensitive
areas. Within Airport or Heliport Noise lmpact Boundaries, the following land use
restrictions will apply, based upon the noise levels identified in Table 14-506.N.
c
d.
e
f.
PLLPPublic Airport
L PNL2Residential
L PNLCommercial
L P PlndustrialN
N L L Plnstitutional
P PL3PRoads/Parking
P PParks/Open Space L P
L L PAthletic Fields N
N L L LMinino
1. Within 10,000 feet from the end of the primary surface of a nonprecision instrument
Runway, and within 50,000 feet from the end of the primary surface of a precision
instrument Runway.
2. Residential densities within Approach and Transitional Surfaces should not exceed: (1)
within 500 feet of the outer edge of the RPZ, 1 unit per acre; (2) within 500 to 1 ,500 feet
of the outer edge of the RPZ, 2 units per acre; (3) within 1 ,500 to 3,000 feet of the outer
edge of the RPZ, 4 units per acre.
3. Roads and parking areas are permitted in the RPZ only upon demonstration that there
are no practicable alternatives. Lights, guardrails, and related accessory structures are
prohibited. Cost may be considered in determining whether practicable alternatives
exist.
Table 14-506.M.: Use Restrictions, RPZ, Approach Surface, and lmpactAreas.
P = Permitted
L = Allowed with Limitations
N = Use is Not Allowed
DrRecr
IMPAGT
Anen
RPZ APPRoAcH
SuRracrr
SecoNoIRY IMPACT
ARee
GnRneuo Coururv Ltruo Use lruo Developuerur Cooe
DRAFT 04/27/2020
14-53
Source: Model Public Use Airport Safety And Compatibility
lnstrument Approach Airports), Oregon Department of Aviation
Overlay Zone (Visual and
N NPLLN
N N NPNN
L L N NPL
L N N NPL
L N N NPL
NPLLNP
L L LPPL
L L L NPP
NPLL NP
L L L NPP
NPLLNP
L NPPLL
L L NPPL
L L L NPP
NPLLLP
LLL L LP
N NPLL N
P P PPPP
N N NPLL
N NPNNN
N N N NPP
Y N N NPY
L N NP P L
Source: 4C150/5020-1
14-507. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF AIRPORT OR
HELIPORT LOCATION OR EXPANSION.
Airports and Heliports will be located or expanded in a manner that will minimize disruption to
the Environment, minimize the impact on existing community services, and complement the
Gennelo Goururv Lt¡lo Use n¡lo Developrue¡¡r Cooe
DRAFT 04/27/2020
14-54
economic and transportation needs of the State and the area. ln addition to the general
standards set forth in section 14-501, the following stand
proposing the location or expansion of an Airport or Heliport'
ards will apply to all applications
A. Airport Layout.
Airports w¡it Ue deúeloped in accordance with an FAA-approved Layout Plan, or a Layout
plán approved by the BOCC, complying with FAA Advisory Circular 150/5300-13A and
the cuirent Northwest Mountain Region Airport Layout Plan Checklist, with the exception
that aircraft tie down dimensions need only be sufficient to provide adequate clearances
for the aircraft to be tied down.
B. Heliport LaYout.
Heliports anO Het¡riops will be developed in accordance with an FAA-approved Layout
plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular
150/5390-2.
C. Fabrication, Service, and Repair Operations.
All fabrication, service, and repair operations will be conducted in compliance with
Airport Rules and Regulations.
D. Storage of Materials.
All storage of materials will be within a building or obscured by fence.
E. Ability to Obtain Necessary Permits.
The Applicant can and will obtain all necessary property rights, Permits, approvals, and
easements (including needed easements for drainage, disposal, utilities, and avigation
within Airport area oiinfluence) prior to site disturbance associated with the project. The
BOCC may, at its discretion, defer making a final decision on the application until
outstanding property rights, Permits, and approvals are obtained.
F. Conflict with Existing Easements.
The location of the Airport or Heliport site or expansion will not unduly interfere with any
existing easements for power or telephone lines, irrigation, mineral claims, or roads'
G. Relationship to Economic and Transportation Needs'
The location of thetAirport or Heliport site or expansion compliments the existing and
reasonably foreseeable economic and transportation needs of the State and of the area
immediately served by the Airport, particularly Mass Transit Facilities.
H. Nuisance.
The location of the Airport or Heliport site or expansion will not cause a nuisance as
defined within this code. The immediate and future noise levels in communities within
the Airport area of influence to be caused by the Airport location or expansion and any
anticipäted future expansion will not violate any applicable local, state, or federal laws or
regulåtions; provided that in any area with a potential noise level of CNR 110 or more;
nJstructure will be allowed and existing structures will be relocated'
t¿-sog. noo[loNnL srnNolnos npplrcRate to iluNtNG oPERATioNS lN MINERAL
RESOURCE AREAS
in ndards
Mini Min
Operation sinM I Resource Areas
A. Air Qualitv.
4-n 1
ificatio
ual
14-55
The
dust. or odor.
u d
Gnnrtelo Counrv LAND UsE lt'¡o Developruenr CooE
DRAFT 04/27/2020
B. Blastinq.
Mi
satisfv this standard. ln addition:
a icB
ired
1 Prior to bla . Operator will Countv a copv of the currentprovide to the
who
Development DePartment.
The li filed m
will beA schedule for blastinq a oround. near pulation centers
Devel
(10) davs before the blastinq is to occur.
c Visual alitv.
M
addition:
on
ln
The ini
nt nd
th il n
as
siqnaoe.
2. Visual screenino wil I be in place prior to the com mencement each
of will be al lowed orior to t he construction of the visual
screening.
D.Surface Water Qualitv.
Mini on
the I
M¡
rk ral Th ma
Director or the BOCC if the impact of the Min Ooeration
oualitv r mitioation w ill be minimal at a lo cation closer than 500 feet.
n
water
rati minim nce
with
US
in with io
buffer ere'. infiltrati devices. orass deoressions.
wetlands,sand filters. and drv oonds.
E.G roundwater
will not cause sionificant ation of undwater. takin o intoThe Mi nino Ooeration
unt ln
ino Ooeratio will not rselv imoact the water itv of1. The M
domestic wells in the lmPact Area.
2. The Minin o Ooeration will in the
DRAFT 04/27/2020
Gooe
not with the fu nction of we
14-56
lmoa Area.
Gennelo GoururY LAND UsE n¡¡o Dev¡IoPMENT
F r Quantitv.
Tho inn ô naralinn rrrill nnf r.âr reê tfl nf ar'hrarca irnna¡-f n n ua nlifr¡rMins
,,The Minino Ooeration will not cause iniurv to existino decreed water
riohts.
2.The Minino Ooeration will sionificantlv increase or cre ase stream
flows or lake levels below pre-construction levels.
G. Adeq Water Suoolv. Reuse a Recvclinu.
1 eouate and reliable water will be available for a nhases of the
Mininq and the source of suoolv will be the least d etrimental to
the environment among the available sources of supplv.
2 Water used in bv the Minino Oneration will be reused and reevcled to the
maximum extent feasible.
H and Rioa nA reâs-
addition:
1 The Minino Ooeration will o the existino native etation wifhin
thirty-(35') of the ordinarv h ioh water mark on side of a
wate rbodv
2.The Minino Ooeration will rve and retain wetlands in their natrrral
state as drainaoe wavs.
l. Geothe I Resources.
Countv.
J. Cave and Karst Formations and Gave Resource Areas.
The Minino Operatio will not cause sionificant deqradat ion of the cave and karst
formations and cave resource areas within the Countv.
K. Spill and Releases Prevention and Response.
Min nimize
Com Pre
required to meet this standard.
L. Mine Waste Water and Hazardous Materials.
nment from
Plan
impact on the publicMine waste water and h azardous materials will not have an
health. safetv. and welfare or the environment.
M. Noise.
1. The inino Ooeration will not cause noise that i wifh the
peaceful use and eniovment of propertv within the lmpact Area.
2 Noise from the Mininq ion at the boundarv of anv that is
nearest the n will not exceed statutorv levels c.R.s. 25-12-103
fo resicl(I cnmmerei al and in ah le1
will also applv.
I Thc lerrels set tn T
14-57G¡nnelo Coururv Lltlo Use AND DEVELopuerur Gooe
DRAFT 0tU27/2020
7:00 p.m. to 6:00 a.m,6:00 a.m. to 7:00 p.m.IMPACTED LANÐ USE
45 db(A).ss45 ¡þlalNational Parks or Recreation Areas.
Pubic Parks. Federal Lands
Campqrounds. and Federallv, State or
Locallv Dedicated OPen SPace or
Conservation Areas
¿s4tutþfaI+s45_dþfa[Wilderness Areas
MWa
exempt from this standard.
*dblA)on the "A"havinond level meterle of a standard
N. Vibration.
ini ll not
I use and en ent of within th e lmoact Area.v such inte rence
shall be ed a nui oursuant to C.S S 30-15-40. ln addition
No vibratio n shall be trans mitted thru the und that is di scernible1
without the aid of ruments at five recl 1500)fro mnd
the affected lands.
2 No vibration sha ll exceed 0 002o oeak at up to fiftv (50) cps ncv
measu at five hundred 1500) feet from site boundarv of Minino
Operat ion. Vibrations recurrinq at hioher than 50 cos ora
c I not 001
Si
nfi
O- Surface Disturbance.
NS
Minino O will be I and cted in a r that1.
izes ount n
lands.
2.S of s and su eouioment r oresent future
il
mM
AS ibl
P
compromisinq safetv concerns.
nsoortation an Access
NS im
life
d Wh
mize I
ransoortation Permits
m
ou nd
n
u
r
o
DRAFT 04/27/2020
Cooe
isti m
14-58Grnnelo Goururv Lnruo Use AND DEVELoPMENT
Aoolicant shall obtain all aoolicable transportation permits includi no Countv permits as
well as all appropri Colorado Department of Transportation (access permits
rsu Hi
ide
a maintai
specifications Countv standards.
R. Roa d lmorovements and intenance
roads on
hall be
n neeri
emeroencv vehicles will complv with Countv road and bridqe standards.
use and ul
Mining Operation will result in a need for increased roadwav
maintenance, the Operator will enter into an aoreement with the Countv
wherebv the rator assumes resoonsibilitv for constructino the
necess and bridqe improvements a nd additional ro and bridoe
nce or for such i
maintenance.
The O fi ncial assu
on r obl ati
financial assurance will be determined bv the Countv.
S Restoratio and Reclamation.
1 The Minino Ooeration wil I be aooroved bv the Colorad Deoartment of
Reclamation Mininq and Safetv and/or the Bureau of Land Management
or Forest Service prio r to a final þermit decision bv the Countv,
Unless othenruise determi ned bv the BOCC. the Minino neration will be
allowed to prooress if the previous phases have been reclaimed within six
(6) months after the commencement of the new phase. lf the reclamation
has n menced in six (6)months. or has not been com within
n 1 n on the
reclamation/reveoetation has occurred to the satisfaction of the Countv.
T. Liqhtinq
Liohtino from he Minino Ooeration will not ceuse excessive olare or to soill over
ired for
U.natibilitv.
The Mininq Operation will not undulv interfere with other economic development efforts
in the Countv The Minino Operation wil not cause sionificant imoact uoon
or other
or in
municipalities in the lmpact Area.
V. Compliance with State and Federal Requlations.
The Minino O will comolv with all applicable laws and
requlations.
W. LeastPracticableEnvironmentalDisturbance.
state and federal
14-59Gnn¡relo Coururv L¡no Use AND DEVELoprue¡¡r Cooe
DRAFT 04/27/2020
Ooeration shal I be conducted in a manner which uses the least bleThe Min
environmental disturbance.
X. Public Health and Safetv.
I not nt hea
DIVISION 6 FINANCIAL GUARANTEE.
14-601. FINANCIAL GUARANTEE RESUIRED.
A. Before any Permit is issued under this Article, the BOCC will require the
Ãppl¡cant to file a guarantee of financial security. The purpose of the financial guarantee
is to assure the following:
1. Gompletion. The project is completed and, if applicable, that the
Development Area is properly reclaimed.
2. performance. The Applicant performs all Mitigation requirements and
permit conditions in connection with the construction, operation, and
termination of the Project.
3. lncreases Borne By Permit Holder. lncreases in public facilities and
services necessitateO Oy tfre construction, operation, and termination of
the project are borne by the Permit holder.
4. Shortfall to County Revenues. Shortfalls to County revenues are offset
in the event that the project is suspended, curtailed, or abandoned.
B A oerformance or fin ancialwarrantv shal I not be requi red for Mininq
ta
on Co
Division of Reclamation. Mininq and Safetv.
14. 02. AMOUNT OF FINANCIAL GUARANTEE.
ln determining the amount of the financial guarantee, the County will consider the following
factors:
A. Estimated Cost of GomPletion.
The estimated cost of completing the project and, if applicable, of returning the
Development Area to its original condition or to a condition acceptable to the County.
B. Estimated Gost of Performing All Mitigation'
The estimated cost of performing all Mitigation requirements and Permit conditions in
connection with the construction, operation, and termination of the project, including:
1. The estimated cost of providing all public services necessitated by the
proposed activity until 2 years after the proposed activity ceases to
operate; and
2. The estimated cost of providing all public facilities necessitated by the
proposed activity until all such costs are fully paid'
14-603. ESTIMATE.
Estimated cost will be based on the Appl icant's submitted cost estimate plus the BOCC's
estimate of the additional cost to the County of bring ing in personnel and equiPment to
accompl ish any unperformed purpose of the financial gua rantee. The BOCC will consider the
duration of the development or activity and compute a reas onable projection of increases due to
inflation. The BOCC may require, as a condition of the Permit, that the financial security be
adjusted upon receipt of bids to perform the requirements
u
of the Permit and this Article
14-60Grnnelo GouNrv Llruo Use l¡¡o Developlurrur Cooe
DRAFT 04/27/2020
14.604. FORM OF FINANCIAL G UARANTEE
A. Form AccePtable.
The financial guarantee may be in any form acceptable to the BOCC and payable to the
County.
B. Guarantor or SuretY'
lf the form is a security such as a guarantee or letter of credit, the guarantor or surety will
be licensed to do business in Colorado. Should the license to do business in Colorado
be suspended or revoked, the Applicant will have 60 calendar days, or a time
reasonáble to the BOCC, after the BOCC receives notice thereof, to provide a substitute
guarantee in a form and type acceptable to the BOCC. Should the 1041 Permit holder
iail to make a substitution-either prior to a lapse in licensure or within the time allowed,
the BOCC will suspend the Permit until proper substitution has been made.
C. Cash Deposited.
At least 10% of the amount of the financial guarantee must be in cash deposited with the
County's treasurer and placed in an earmarked escrow account mutually agreeable to
the BOCC and APPlicant.
I4.605. RELEASE OF GUARANTEE.
The financial guarantee may be released only when:
A. Surrender of Permit.
The 1041 Permit has been surrendered to the BOCC before commencement of any
physical activity on the site of the permitted project; or
B. Project Abandonment.
The project has been abandoned and the site has been returned to its original condition
or to a condition acceptable to the County; or
C. Satisfactory ComPletion.
The project has been satisfactorily completed; or
D. ComPletion of Phase.
A phase or phases of the project have been satisfactorily completed allowing for partial
release of the financial guarantee consistent with project phasing and as determined
appropriate bY the BOCC; or
E. Satisfied Conditions.
The applicable guaranteed conditions have been satisfied'
I4.606. CANCELLATION OF THE FINANCIAL GUARANTEE.
Any financial guarantee may be canceled only upon the BOCC's written consent, which may be
gránted only when such cancellation will not detract from the purposes of the security.
14-607. FORFEITURE OF FINANCIAL GUARANTEE
A. Written Notice.
lf the BOCC determines that a financial guarantee should be forfeited because of any
violation of the Permit, Mitigation requirements, conditions, or any applicable regulations
adopted by the BOCC, it will provide written notice to the surety and the Applicant that
the ïinancial guarantee will be forfeited unless the Permit holder makes written demand
to the BOCC, within 30 days after Permit holder's receipt of notice, requesting a hearing
before the BOCC. lf no demand is made by the Permit holder within said period, then
the BOCC will order the financial guarantee forfeited
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14-61
B. Public Hearing.
The BOCC will hold ã hearing within 30 days after the receipt of the demand by the
permit holder. At the hearing, the Permit holder may present for the consideration of the
BOCC statements, documents, and other information with respect to the alleged
violation. At the conclusion of the hearing, the BOCC will either withdraw the notice of
violation or enter an order forfeiting the financial guarantee.
C. Disbursement.
The deposit described above may be used by the BOCC in the event of the default or
allowed' default of the Permit holder, only for the purposes of recovering on the surety or
fulfilling the Permit obligation of the Permit holder. ln the event that the ultimate
reviewing court determines that there has been a default by the Permit holder, that
portion oif any moneys expended by the County from the escrow funds relating to such
default will be replaced in the escrow account by the BOCC immediately following such
determination. The County may arrange with a lending institution, which provides
money for the Permit holder that said institution may hold in escrow any funds required
for said deposit. Funds will be disbursed out of escrow by the institution to the County
upon county,s demand for the purpose specified in this section.
D. lnadequate Revenue.
lf the forfeiture results in inadequate revenue to cover the costs of accomplishing the
purposes of the financial guarantee, the County Attorney will take such steps as deemed
proper to recover such costs where recovery is deemed possible.
14-70'1. ENFORCEMENT AND PENALT¡ES.
A. Enjoinment.
Any person engaging in development in the designated area of state interest or
coñducting a Oelignated activity of state interest who does not obtain a 1041 Permit
pursuant [o this Art¡cle, who does not comply with 1041 Permit requirements, or who
äcts outside the jurisdiction of the 1041 Permit may be enjoined by the County from
engaging in such development, and may be subject to such other criminal or civil liability
as may be prescribed bY law.
B. Materiat Ghanges in the Construction or Operation.
lf the County determinés at any time that there are material changes in the construction
or operationof the project from that approved by the County, the 1041 Permit may be
immediately suspended and a hearing will be held to determine whether new conditions
are necessary to ensure compliance with the approval standards or if the 1041 Permit
should be revoked.
14.702. IO41 PERMIT SUSPENSION OR REVOCATION'
A. Notice of Potential Violation.
Upon n to believe the constru ction or conduct of an activitv is in vio n of the
DIVISION 7. 1041 PERMIT ADMINISTRATION AND ENFORCEMENT.
con 104 S send
r15
ion or
B. Temporary SusPension.
The BOCC may temporarily suspend the 1041 Permit for a period of 30 days for any
violation of the Þermit or this Article. The Permit holder will be given written notice of the
violation and will have a minimum of 15 days to correct the violation. lf the violation is
not corrected, the Permit will be temporarily suspended for 30 days; andior
Glnnelo Cou¡lrY L¡ruo Use l¡lo Developme¡¡r Cooe
DRAFT 04/27/2020
14-62
C. Revocation.
The County may revoke a 1041 Permit granted pursuant to this Article if any of the
activities conduóted by the Permit holder violates the conditions of the Permit or this
Article, or the County determines that the project as constructed or operated has impacts
not disclosed in the âpplication. Prior to revocation, the Permit holder will receive written
notice and be given an opportunity for a hearing before the BOCC. The BOCC may
revoke the 1041 Permit or may specify a time by which action will be taken to correct
any violations for the Permit to be retained.
14-703. TRANSFER OF 104{ PERMITS.
A iO41 permit may be transferred only with the written consent of the BOCC. Consent will be in
the sole discretion of the BOCC. The BOCC will ensure, in approving any transfer, that the
proposed transferee can and will comply with all the requirements, terms, and conditions
contained in the Permit, and this Article; that such requirements, terms, and conditions remain
sufficient to protect the health, welfare, and safety of the public; and that an adequate guarantee
of financial security can be made.
14-704. INSPECTION.
The BOGG may enter and inspeet any preperty suþjeet te this Artiele at reasenable heurs fer the
purpese ef determining whether the aetivity is in vielatien ef this Cede
A on
Co an or im
in with t An hi
all laws of se arch and seizure as set forth bv federal and state statutorv and
rmi
ional
provrslons.
B. Annual Review.
Within
1 1Pe
nn lan
ita
of iss
rmit r
con rsuant
demon ino comoliance all conditions of the Permit and the aoolicable
regulations.
2 wit in thirtv (30) davs of receiot. the Countv ll review the report. lf the Countv
determin that the oermit hold er is likelv to have violated anv orovisi ons of the
1041 P it or aoolicable req ulations. the BOCC shall consider the atter at a
rl ic nclu
rmines rmit a
aoolicable reoulations. the BOCC mav suspe d or revoke the
if the
Perm
Permit in
3.U
accordance with this Division 7.
n notice to the Cou of the fulfillment all 1041 Permit itions. the
BOCC mav terminate anv annual review requirements.
4Th BOCC mav waive or modifv the annual revi ew reouirements on its own
ndd n holder
of oood ca therefor.
14.705. JUDICIAL REVIEW.
Any action seeking judicial review of a final decision of the BOCC will be initiated within 30 days
aftár the decision ié made, in the District Court in and for the County of Garfield, pursuant to
Rule 106 of the Colorado Rules of Civil Procedure.
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DRAFT 04/27/2020
14-63
DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL
REGULATIONSTO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC
Affected land. The surface of an area within the County where a mining operation is being or
will be conducted, which surface is disturbed as a result of such operation. Affected lands
include but shall not be limited to private ways and roads, and railroad lines appurtenant to any
such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil
piles; evaporation or settling ponds; leaching dumps; placer areas; tailings ponds or dumps;
work, parking, storage or waste discharge areas; and areas in which structures, facilities,
equipment, machines, tools or other materials or property which result from or are used in such
operations are situated.
Cave. Any naturally occurring void, cavity, recess, or system of interconnected passages
beneath the surface of the earth or within a cliff or ledge, including any cave resource therein,
and which is large enough to permit a person to enter, whether the entrance is excavated or
naturally formed. Such term shall include any natural pit, sinkhole, or other feature that is an
extension of a cave entrance or which is an integral part of the cave.
Cave resource. Any material or substance occurring in caves, including, but not limited to,
biotic, mineralogic, paleontological, geologic, hydrologic, or cultural resources.
Exploration. The act of searching for or investigating a construction materials deposit.
"Exploration" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes, and digging pits, cuts, or other works for the purpose of extracting samples prior to the
commencement of development or extraction, and the building of roads, access ways, and other
facilities related to such work. "Exploration" does not include:
a. An activity that causes very little or no surface disturbance, such as airborne
surveys and photographs, the use of instruments or devices that are hand-
carried or otherwise transported over the surface to make magnetic, radioactive,
or other tests and measurements, boundary or claim surveying, location work, or
other work that causes no greater land disturbance than is caused by ordinary
lawful use of the land by persons not involved in exploration activities; or
b. Any single activity that results in the disturbance of a single block of land totaling
one thousand six hundred square feet or less of the land's surface, not to exceed
two such disturbances per acre; except that the cumulative total of such
disturbances may not exceed five acres statewide in any exploration operation
extending over twenty-four consecutive months.
Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter
in a solid or liquid state from its naturally occurring location; the initial step in utilization of a natural
resource. Examples include shale and coal mines, gravel pits, and timber cutting.
Geologic hazard. A geologic phenomenon which is adverse to past, current, or foreseeable
construction or land and which constitutes a hazard to public health and safety or property if not
avoided. The term includes but is not limited to:
a. Avalanches, landslides, rock falls, mudflows, and unstable or potentially unstable
slopes;
b. Seismic effects;
c. Radioactivity;
d. Areas of ground subsidence; and
e. Expansive rocks or soils.
Geothermal resource. The natural heat of the earth and includes:
DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL
REGULATIONS TO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC
Page 2
a. The energy that may be extracted from that natural heat;
b. The material medium used to extract the energy from a geothermal resource;
and
c. Geothermal by-products.
Gravel Operation. The mechanical removal without drilling or blasting and without other high
impact technology, of loose rock material, including rock, clay, silt, sand, or gravel from its natural
location for use in the production of non-metallic construction products. Gravel operations are
typically located along existing riverbeds or alluvial deposits. Gravel operations are regulated
pursuant to Article 3 and Article 7, section 7-1002 of this Code. The term gravel operation does
not include a Mining Operation.
Gravel Pit. See “Extraction.”
Karst. A landform developed in soluble rock types such as limestone or gypsum. Typical
features and characteristics may include but are not limited to: few surface streams where most
of the drainage is underground, sinking streams, dolines (sinkholes), resurgences, and caves.
Mineral. An inanimate constituent of the earth, in solid, liquid, or gaseous state, which, when
extracted from the earth, is usable in its natural form or is capable of conversion into usable
form as a metal, a metallic compound, a chemical, an energy source, a raw material for
manufacturing, or a construction material. “Mineral” does not include surface or groundwater
subject to appropriation for domestic agricultural, or industrial purposes; or geothermal
resources.
Mining. See “Extraction.”
Mining Operation. The development or extraction of a mineral from its natural occurrences on
affected land using blasting, drilling and/or high impact technology. The term includes, but is not
limited to, open mining, in situ mining, surface operations, and underground mining. The term
also includes the following operations on affected lands: transportation; concentrating; milling;
evaporation; and other processing. The term does not include: the exploration, development
and extraction of oil and gas; the extraction of geothermal resources; or gravel operations
subject to regulation under Article 3 and Article 7, section 7-1002 of this Code. Mining
Operations are regulated pursuant to Article 14 of this Code.
Mine unit. A component of a Mining Operation including but not limited to processing, leaching
excavation, open pit, storage, stockpile or waste units.
Mineral resource area. An area designated on the official County Mineral Resource Area Map
pursuant to Article 14 of this Code and in which minerals are located in sufficient concentration
in veins, deposits bodies, beds, seams, fields, pools, or otherwise as to be capable of economic
recovery. “Mineral resource area” includes but is not limited to an area in which there has been
significant mining activity in the past, there is significant mining activity in the present, mining
development is planned or in progress, or mineral rights are held by mineral patent or valid
mining claim with the intention of mining.
Modification. Any change to an existing land use that alters the nature, character, intensity or
extent of the use.
DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL
REGULATIONS TO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC
Page 3
Tailings. Finely crushed and ground rock residue and associated fluid discharged from an ore
milling, flotation beneficiation and concentrating process.
Unstable or potentially unstable slope. An area susceptible to a landslide, a mudflow, a rock
fall, or accelerated creep of slope-forming materials.
Wildfire hazard means. A wildfire phenomenon which is adverse to past, current, or
foreseeable construction or land use constituting a significant hazard to public health and safety
or to property. The term includes but is not limited to:
a. Slope aspect;
b. Wildfire behavior characteristics; and
c. Existing vegetation type.
r-{esffiEXEìIPT7-1ÍtOî7-f 00t7-1001EXETIPT7-100f7-10017-{0017-f 0{rr a7-10017-100f7-10017-10Í¡77-10017-1001,7-1002PPPPPALAAAAltPLAPLPPPPALAALPLFALLPLFPPPPAAALPPLPPFPFALAALAIILtaIIttIIItIIIIAilFPPPPPLLLAltLLPPPPl-LLAPAPPPLLAPAPPLAFLAPPAPAALFLLAilAAHThis use is suÞiectb {0ll Regulatilrns as Descñbedin Article 14 of üe Land Use and fþvelopment CodePFALPAHLLLLLlniection Well" La¡qeClil ar¡d Gas Drilllnq and Produc{ionCorûacfodsYard, SrnalConfactor's Yard, LargeMaterial HandingProcessingProcessinq, Acce*çory {Batú Hant}Processing, Tenpcraryllehides, Madrinery, and HearryEouinr¡erfiVehide Safeûy fuea{NotPunçFaciHiesloConpressor, Boosfierg*mg¡s+ Gravel 0peration@ningOperalionl-þdraulic Fraclruing, Remote SurfaceFacilitylniectirn Well, Pipedlniecfbn Well" SmallServiceExtractionTable 3403: Use Table/P/ By Right fN Ãdrni¿ishfive Revíerv lU Limited lrnpact Reyíew ll# Major Impact Review lt I Exempt from County Rewew and SfandardsResidential I'lonresidential Resource Land Unless exempted, allDistricts Districts Eone Disfijets uses must comply withUse GategoryUse TlpeArticle 7 StandardsStandards.ll,lDU$TRLAL USE$IIIIIITIII
7 -1002. GRAVEL EXFRil{€'TION OPERAT¡ON'
A. Water Quantity and Quality lmpacts/Floodplain lmpacts.
Every application for gravel extraction shall address the following:
1. No application shall be accepted by the County without a letter from the
appticånte fire protection district stating that the proposed project has been
abäquatety designed to handle the storage of flammable or explosive solids
or gåt"t ánO tfrãt the methods comply with the national, State, and local
fire codes.
2. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
3. When the proposal is near a river or stream, the Applicant is required to
submit an analysis by a professional engineer showing the boundaries of
the Floodplain and the Floodway in the area of the pit'
4. All gravel extraction operations shall comply with the applicable standards
of Jection 3-301, Floodplain Overlay Regulations, and will be subject to
section 4-109, Development in 10O-Year Floodplain'
a. ln allcases, there shall be no storage of fuel or hazardous materials
including concrete/asphalt Batch Plants within the Floodway.
b. All applications shall provide a dewater/discharge plan that
provides a detailed graphic representation of how dewatering
bperations shall occur. This plan shall demonstrate that the
discharge will not exceed State standards for discharge into a water
course or Wetland.
B. Air QualitY'
No application shãll be approved untilthe Applicant submits evidence that uses shall have
current CDpHE air polluiion permits and shall meet current CDPHE emissions standards
for air and water.
C. Noise/Vibration.
Gravel extraction operations shall be conducted in a manner such that the volume of
sounO generated dôes not constitute a public nuisance_or hazard. Gravel extraction
operatiıns shall comply with the standards set forth in C.R.S., Article 12, Title 25, except
as such standards are modified as follows:
An Applicant shall submit a noise study that demonstrates the proposed
gr"u"t operation can meet the requirements in the matrix below based on
ñeasuring the sound levels of noise radiating from a property line at a
distance 7t ZS feet or more beyond the subject property, except as
excluded for construction activities per C.R.S. ç 25-12-103 ef seg., that
allows up to 80 db(A).
The dB(A) threshold shown in Table 7-1002 shall be that of the receiver
and not that of the emitter. For example, while the gravel operation would
be considered an industrial operation, the dB(A) levels shown below are
measured according to the neighboring uses so that if a residential use was
located adjacent to tne operation, sound levels could not exceed 55 dB(A)
from 7:00 â.m.to 7.00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a.m.
1
2.
7-48
s0 dB(A)ss dB(A)Residential
ss dB(A)60 dB(A)Commercial
6s dB(A)70 dB(A)I ndustria I
7s dB(A)80 dB(A)I nd ustria I
Table 7-1002:dB(A) Threshold per Neighboring Use
TpmtoTamUse7 amtoT
3.Every use shall be so operated that the ground vibration inherently and
recuirently generated is not perceptible without instruments at any point of
any boundary line of the property on which the use is located.
D. Visual Mitigation.
All applications for gravel extraction shall address the following:
1. All gravel operations proposed to mine areas greater than 30 acres shall
be designed in multiple phases in order to minimize the visual impact of the
Gravel Pit primarily by logical "sequencing" and "overall layout" of the pit's
design.
2. Screening, Berming and Buffering.
a. The operation shall be organized on the site to minimize impact on
adjacent land uses and protect established neighborhood character
through installation of screen fences, berming, and/or landscape
materials, as well as by the location of access points, lighting, and
signage.
b. Visual screening shall be in place prior to the commencement of the
commercial mining activity of each phase. Site preparation activity
such as removal of overburden shall be allowed prior to the
construction of the visual screening if material will be used for the
creation of the necessary screening.
3. Unless otherwise determined by the BOCC, mining operations shall be
allowed to progress so long as the previous phases have been reclaimed
within 6 months after the commencement of the new phase. lf the
reclamation has not commenced in 6 months, or has not been completed
within 18 months, all mining operations on the property shall stop until the
reclamation/revegetation has occurred to the satisfaction of the County.
Gounty Road System.1. All applications shall submit a Traffic lmpact Study consistent with section
4-203.L.
Z. Any required improvements shall either be in place prior to or shall be
constructed in conjunction with the proposed use.
3. Truck traffic will not access the mining operation through residential or
commercial areas, or such traffic will be mitigated.
4. Proposed haul routes from the extraction operation will be upgraded to
withstand the additional traffic, if determined by the Traffic Study or
recommended by the County Engineer, and the permittee will prevent road
damage and mitigate dust, under the supervision of the Road Supervisor.
5. lf a driveway access permit is required by the County Road and Bridge
Department, Applicant must comply with all permit conditions. The owner
or operator of a gravel extraction operation is responsible for any damage
E
7-49
caused by the operation's traffic to a County Road. Repair or replacement
of road surface will be determined by the Road Supervisor'
F. Gompatibility with Surrounding Land Uses.
The proposed operation will be located so as to mitigate cumulative impacts to roads, air,
and water quality
G. Revegetation.
All revegetation efforts shall occur as part of phased reclamation. The Applicant shall
provide -locations of County-listed noxious weeds on a map. Once the inventory is
þrovided, the Applicant shall develop a Weed Management Plan that addresses all
bounty-listed noxious weeds found on site. This Weed Management Plan shall be
submiited to the County Vegetation Manager for approval prior to the issuance of a Land
Use Change Permit
H. Reclamation.
All applicants shall submit a reclamation plan that complies with the standards of the
Coloiado Division of Reclamation, Mining and Safety (CRMS) and meets the following
design criteria:
1. The Reclamation Plan approved by the County as part of the Land Use
Change Permit shall be resubmitted to the DRMS to become the only
reclamation plan (tasks/timetables) used by both the County and DRMS.
Additionally, a bond shall need to be calculated to cover this plan and
secured with DRMS to cover its implementation.
Wetland and Dryland Slopes. Wetland and Dryland Slopes are illustrated
in Figure 7-1002.
Wetland Slope Areas:
(f ) For the purpose of this section, Wetland Slope is defined as
3 feet above the shoreline and 3 feet below the shoreline.
(21 Wetland Slopes shall be predominantly 5:1 or shallower,
with at least 80% 5:1 and 20o/o 10:1 or shallower. The
percentage of Wetland Slope is calculated along the
perimeter of the reclaimed lakes.
(3) An alternate plan for the shoreline area which modifies the
standards above may be proposed by an Applicant to
accommodate special needs for:
(a) Water-basedrecreationamenities;
(b) Reducing wildlife habitat along certain sections of
shoreline due to proximity to an airport; or
(c) Fishing embankments.
(4) Other special needs or uses that may be proposed by the
Applicant.
(5) Wetlands shall be included in the reclamation plan for all
shoreline areas.
Dryland Slope Area.
(f ) For the purposes of this section, the Dryland Slope area is
defined as any area above a Wetland Slope in the post-mine
2
a.
b
7-50
(21
(3)
land use that will predominately be used for rangeland
grazing and wildlife habitat.
Dryland Slopes shall be predominantly 5:1 with at least 85%
of the Slopes 5:1 or shallower.
An alternate Slope plan for the Dryland area which modifies
the standards above may be proposed by an Applicant to
accommodate sPecial needs when:
(a) The existing terrain Slope is steep (greater than 5:1);
or
(b) Where there is little or no available on-site backfill
material.
3.
Figure 7-1002: Wetland and Dryland Slopes
Vegetation.
a. Wetland Criteria.
(1) All wetland slopes on a Reclamation Plan shall include
revegetation with appropriate species shown on a
LandscaPe Plan. The Plan shall:
(a) Show the reclaimed Wetland area to scale;
(b) Identify the species and number of plantings;
(c) Provide for adequate irrigation, if required;
(d) Provide for adequate species diversity to enhance
wildlife habitat; and
(e) Provide other site specific requirements as may be
identified.
(21 wetland seeding shall occur immediately prior to lake filling
using the following methods:
Close
I
Water
\¡
Orìg¡nsl Grcund
Above Wådand Slopo
Stpl¡ns
R€da@d
RequìÊd Unl¡l
lo Våilæl F*l o"rn/0,*,
Slop62H:1V
L6nglh VarJ* D¿Fndlng
B€low Wat€r Levol S[s Cond]tìons
Ground Waler LÊv6l)
L€ntth Vårls!
Slope
General Cross Section
Reclaimed Pit Lake Areas
3'3'
7-57
(a) Seeding shall be done by drilling or by hydro-
seeding methods. Broadcast seeding is not
permitted;
(b) Revegetation of Wetlands shall also include planting
of trees, willows and/or shrubs; and
(c) Existing trees may be included in the plan if they are
a minimum of I feet in height and 2 inches in
diameter.
b. Dryland Criteria. All Dryland areas on a Reclamation Plan shall
include revegetation with appropriate Dryland plant species
including a mixture of grasses, forbs, and shrubs, based on the
written recommendation of a qualified professional.
4. Reclamation with multiple ponds or lakes shall provide islands or
peninsulas that make up at least 2Qo/o of total lake surface in order to break
up the surface and provide undulation of shorelines in a natural-like
appearance.
5. To the extent permitted by law, unless all disturbance created by the mining
operation is covered by a reclamation bond underjurisdiction of the DRMS,
or by the Federal government on federally-owned lands, a bond or other
acceptable financial performance guarantee shall be submitted in favor of
the County in an amount of at least 15oo/o of the cost of restoration of the
site and access roads. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
inflation. A bid for site restoration acceptable to the permittee and the
County shall be submitted to the Community Development Department as
evidence of the cost of reclamation for bond setting purposes.
Enforcement.
1. The County shall not issue a Land Use Change Permit until all required
local, State, and Federal permits have been obtained and submitted to
Garfield County including, but not limited to, the municipal watershed
permit, CDPHE, USACE, NPDES, Division of Water Resources (approved
well permits and plan for augmentation), etc.
2. The Operator acknowledges that the County has performance standards
in place that could lead to revocation of the Land Use Change Permit if
continued violations of the permit occur over a period of time.
3. The County can request a site inspection with 1-day notice to the Operator.
The owner or Operator must grant full access to any part of the site will be
granted. On request, all paperwork must be shown. The County cannot
request a large number of inspections that would interfere with normal
operation without cause.
4. Prior to contacting the appropriate agency, the County commits to notifying
the Operator of any compliance concern identified during a site inspection.
5. Any person at any time can call any permitting agency directly and request
an inspection if they believe a condition of that agency's permit is being
violated.
6. To ensure that certain conditions of a permit are complied with, the BOCC
may require a financial performance guarantee in addition to that required
7-52
by the DRMS. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
inflation. The County will not require financial guarantees that are
duplicative of that required by the DRMS.
The County will be invited to any bond release inspection of the DRMS.
The County inspectorwill have the opportunity to demonstrate that any item
of the permit has not been complied with and that bond should not be
released.
.7.1003" MINING OPERAT¡ON .
All Mining Operations are subject to 1Q41 Regulations as described in Article 14 of this Code
A---ReadS,
1.
law,
2.
trueks that may aeeess the site te aveid damage te reads eaused þY heavY
vehiele sse; weather eenditiens; er water saturatien,
g------*ou+ingr
Ðesignatien eieenstruetien and haul reutes fer a speeifie mining eperatien apPlicatien
1. Truek haul and traffie reutes shall þe designed te the maximum extent
feasiþle te aveid residential areas, eemmereial areas; envirenmentally and
visually sensitive areas, seheels and ether eivie þuildings; munieipalities;
eni-e+i
2. Timing ef truek traffie may þe eentrelled te prevent eengestien er adverse
@
3.
ee+e¿e+d-agen€y+
The site Operater áhall prepare an emergeney preparedness plan and have it en site and
previded te the ap
7
7-53
Ad #: 0000567033-01
Customer: GARFIELD CO COMMUNITY DEVELOPEME
Your account number is: 1 001 3533
PROOF OF PUBLICATION
RIFLE CITIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
l, Samantha Johnston, do solemnly swear thet I am
Associate General Manager of the RIFLE CITIZEN
TELEGRAM, thet the same weekly newspaper pr¡nted, in
whole or in part and published in the County of Garfield,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said County of Garfield for a period of
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the United States mails as e per¡odical under the
provisions of the Act of March 3, 1 879, or any
amendments thereof, and that said newspaper is a weekly
newspaper duly qualified for publ¡shing legal notices and
advertisements w¡thin the meaning of the laws of the State
fl'rtfl86"88n"*"¿ legal notice or advertisement was
published in the regular and entire issue of èvery number
of said weekly newspaper for the period of I insertion; and
that the first publication of said notice was ¡n the ¡ssue of
said newspaper daled 312612020 and that the last
publication of sa¡d notice was daled 312612020 in the issue
of said newspaper.
ln witness whereof, I have here unto set my hand this day'
4t27t2020.
PUBLICrcI¡CE
P!b6d ln ltu Hllo gûzot rèbg@ o Mâd
26-ãæ. mffi7ß
Adbk kdnt ú N @d hasbú Sd'
nr; ld ñã4rì_úv d &v.2@0 d I 0 p.D. ¡n lb
6unN tumr6ús Md¡ns Føñ, Gdidødi, ^Ñdrdb
&Cdl4, 106 81h ShEl.
Gknfud Spilr$, Cúr&
@/P--
Samantha Johnston, Associate General Managêr
Subscr¡bed and sworn to before me, a notary public in and
for the County of Garfield, Stete of Colorado this day
4t27t2020.
f)tsul^'-
Jerilynn Medina, Notary Public
My Commiss¡on Expirès: August 3, 2020
Ad #: 0000571257-01
Customer: GARFIELD CO COMMUNITY DEVELOPEME
Your account number is: 10013533
PROOF OF PUBLICATION
RIFLE CITIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
l, Samentha Johnston, do solemnly swear that I am
Associate General Manager of the RIFLE CITIZEN
TELEGRAM, that the same weekly newspaper pr¡nted, ¡n
whole or in part and published in the County of Garfield,
State of Colorado, and has a general circulation therein;
lhat said newspaper has been published continuously and
uninterruptedly ¡n said County of Garfield for a period of
more than fifty-two consecutive weeks next pr¡or to the
first publication of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the United States mails as a period¡cal under the
provisions of the Act of Merch 3, 1 879, or any
ãmendments thereof, and that said newspaper ¡s a weekly
newspeper duly qualified for publishing legal not¡ces and
advert¡sements within the meaning of the lews of the State
$9PlRå"88n"*uo tegat notice or advert¡sement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1 insertion; and
that the first publication of sa¡d notice was in the issue of
said newspaper dated 4l9l2o2o and that lhe last
publicat¡on of said notice was dated 41912020 in the issue
of said newspaper.
ln w¡tness whêreof, I have here unto set my hand this day,
4t27t2020.
ld6 Noh hâr ho tu¡d d 6unry hi3dm..6 bs hiüãtd a lárt Am6tunl b åm€d lÞ
Gddd øuo! bd ko dd Ò.vobpnel Cdo
ot 2013¿s 8medd.ildm d nol liñlÞdloÃr
l@83. ¿.7, i4, 3¡d 15 ¡n reFd b lþ tdw¡ig:
PUBLIC NOTICE
uÉr6 b @brþÉ Hdq M nor mbd bprodnod ÞÉi@b8,8pdølon 6ùmrur Þ.qutusnb, .ppkton 6búrG d relew då.
rh. sd d.ñnlbß ædåld sû t{rælbn,
O'avd' ðd 'ãrndbn, Mds ¡'d dtua u5s.
Ihð ß&ß ¡nddo @urrdd d'Etudø, Mh.
ho d Oûof Ns lhrod ÀdU6 14. tuB dd
Àtrüås ot stetê hldst,
Emãilr udlar9g¡l.hld.4DJy.@4
ñt0d.r&il.FrþE{@!fu ,@qq4ry{gob@-!f
A Bd ot Cent cosnBh¡€G Nbtu ndrud hls,{usd hæ bæn dddd (d lhê4ù &y
o' Mãv. æ0. 61 1:N pm. ln ho CMry hds-dôrèÀMódtu hod. O¡ll6ld tuñh^dmì¡bh.rh &rdno, ì08 9b srer, GbRþd spdns,
P¡¿u kt.: Oùe lo ho dront ñdøl d* d
€mrFnry ddånlbs, &35s cd lhs tun.
Vs Wdåil€ h@/M.@óM.trt.cdmmúto.tuobmrt/ for womÛm ad dr€dmsd ti.d ro pàndpal. b h FbUc banng 6mdy.
PúMd h rtu Ciken ldryåm otr AËl s, &20.
mG7125?
@/ç--
Samanthe Johnston, Associate General Menager
Subscribed and sworn to before me, a notary public in and
for the County of Garf¡eld, State of Colorado th¡s day
4t27t2020.
fl'teni^,-
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
Glenwood Springs Citizens' Alliance
P.O'Box247\
Glenwood SPrings, Colorado 81602
Email: art@loveglenwood'org
Web: LoveGlenwood'org
April 1,2020
Garfield CountY Commissioners
Carfield County Planning and Zoning Commission
108 Eighth St., Suite 40L
Glenwãod SPrings, Colorado 8160L
Regarding: Proposed Land use code section 14'508, Additional standards Applicable
to Mining OPerations
Greetings commissioners fankovsþ, Martin and Samson, and Planning and zoning
commission tutemuers Fulierton,loir.v, nuJd, McKennis, Lammey, Damuth, Kyle' smith'
Kuersten and Langhorst'
The Glenwood springs citizens'Alliance is a nonprofit community organization working to
ensure that the Glenwood Springs area remains å desirable place to live work and visit'
now and in the future'
we strongly support Garfield county's initiative to amend the 1041' powers within the Land
Use Co¿e"tã itt.iu¿. new standards for mining operations'
Webelievetheproposedl04lamendmentsestablishclear-cutstandardsformining
operations based oi ".tu"l
performance over time' This approach offers regulatory
certainty for mining companies durinflaunch, operationalãnd reclamation phases' It also
provides clear guidãnce fìr the counÇ's enforcement staff and defined authority for
decision-makersinensuringthatminingoperationsmeetthesestandards.
we solicited comments from our membership about the proposed amendments' Those
comments "r" ",a".t
.d. we respectfully request that you consider these comments as you
move through the process of reviewinfthe proposed mining regulations and considering
them for adoPtion.
we care deeply about the environmental and economic health of our community and of
Garfield county as a whole. Mining ."n u" an asset for the community' but it must be
properly regulateà to ensure compatibility with the surrounding environment and
prãi*,i"" ò'f tn" safery and health of Garfield County residents.
SincerelY,
Glenwoód Springs Citizens' Alliance Board of Directors
LeoMcKinney,SarahRankinGordon'stephenBershenyi'EllenDole
Michael Gamba, Heather McGregor' Ginny Minch
Dear Garfield CountY official,
r am writing to you to request that you imprement usage of the r-04r. review process to regulate mining operations' As a
resident of Garfield County for over 33 years, I encourage you to apply the tô4t standards county-wide on public and
private lands within the Rural, Public Lands and Resource Lands zone districts'
Though my ¡nterest and concerns are not rimited to topics included in these additional standards, I feel particularly
eff lenwood mail.com
From:
Sent:
lo:
Subject:
strong about
3
Suzanne Emery < LOVIN-LllF@msn'com >
TuesdaY, March 31,2020 8:17 AM
comment@loveglenwood'org
Comments ru' nã* GarCo Mining Standards
7
2
Noise and vibration - public lands must be protected as a peaceful place. Particularly. mines adiacent to parks'
campgrounds,openspaceconservationsorwildernessareas'Groundvibrationmustbe!0¡t¡gatedtoprotect
ll#ril i:1îllitffJr'rÏl,'j1";",, does this topic rerate to saretv or vehicular saretv but to the saretv or
pedestrians and bicycre users as well. The .,nintg industry shourd meet 1041 regurations as their impact to
traff¡c, roads and access is potentially extravagant'
Ail of the surface water Qurarity, Groundwatãr Resources and water Quant¡ty is of concern' The mining
industry should satisfy the 1041 review p,ot"" just as airports' heliports' water projects' landfills' water and
wastewater treatment plants, highways and transit stat¡ons. The mining industry uses and ¡mpacts water in
tremendous waYs'
As our county government, Garfield County should implement any means to protect and serve citizens' wildlife'
industry, businesses and the environment. The 104]. review process is a reasonable and important process to
administer to the mining industry' Please do so'
Thank You for Your consideration'
Regards,
Suzanne EmerY
604 W Columbia Court
Glenwood SPrings, CO 81601
I
ieff.loveq lenwood@qmail.com
From:
Sent:
To:
Subiect:
Jeff Peterson <jpeterson@sopris.net>
Wednesday, April 01, 2020 4:38 AM
comment@lovegl enwood.org
Mining regulation comment for P&Z
Dear P &Z Commissioners,
I write to voice my strong support for the actions taken to date by the Board of County Gommissioners (BOCC) and county
staff as they move towards enacting fair and reasonable 1041 mining regulations. The current mining regulations are
woefully inãdequate and updates aie desperately needed. The proposed regulations provide both the BOCC and staff the
proper iools to evaluate and regulate Garfield County mining operations and their associated impacts. The county is
already using 1041 regulationsìn other areas of their code. These regulations are enforceable and have legal precedent
if challenged.
There is a societal need for mining and it plays a small role in Garfield County's overall economy, BUT not all mining
proposals and locations are appropriate. Without the proper regulations, both staff and the BOCC are not adequately
ãqüippeO to evaluate and determine the impacts of a proposal. Off site impacts such as transportation, air quality, water
quality, socio-economic, light pollution, noise, and vibrations must all be considered when analyzing the merits of any
mining proposal. Without updated regulations, the character and charm of all communities within Garfield County are at
risk.
The role of industry within the county is important, but changing. Residents of Garfield County live here for lots of
reasons. Many aró attracted by the clean air and water, access to the outdoors, and recreational opportunities. Garfield
County also attracts hundreds of thousands of visitors a year for many of the same reasons. Without proper regulations,
the county is at risk of losing the qualities that attract so many residents and visitors (and the revenue they bring). I
respectfuily ask that the P&Z Commission recommend approval the 1041 regulations proposed by staff and their
consultant. These regulations are in the best interests of the constituents that you are representing.
Sincerely,
Jeff Peterson
Glenwood Springs, CO
March 3L,2020
lwritetoyoutodaytourgeyoutoapprovethechangestocountycodestousethel04lreview
process to regulate r¡ni,r-g iÅ Garfield county. with the large proportion of public lands in
Garfield cOUnty that abut cities and to*n', t' well as agricultural lands' wilderness and other
critical areas, it is important that the couñy have the tools it. needs to provide local review and
regulation on mining activities. the proposåd regulat¡ons will allow the county to regulate the
impacts of mining on ,*.ottunities, other areas and assets that it may wish to preserve for
Dear Garfield County Commissioners'
the future
its people and assets for the future
SincerelY,
ShelleY K. KauP
Mayor Pro tem
Glenwood SPrings
Mining activities can be beneficialto the county but can also have immense impacts on the
character of a local area and must be t"eiutty evatuated' The impacts to towns and cities can
devastate the quality of life in Western colorádo' and make it less desirable for people to live'
work and ra¡se fam¡ties in the impacted t""' lt can negatively affect the health of Garfield
county citizens, as well as the economies of the local area' Many of our cities and towns
depend on visitors/tour¡rt that is based on a clean western colorado landscape' clean air'
healthyriversandstreams,hotsprings,dart<nightskies,andtherelativequietofwestern
townsisimportanttoourcommunityqualityoflifeandtooureconomies'
Mining can also negatively impact the quality of activities that depend on healthy colorado
lands, such as ,gri.Jiur" and the outdoår iidustry. Agriculture can be impacted by disruption
to water and soil quality and to the health and productivity of livestock' Mining can also disrupt
fragile ecosystems ir'tri'r"op"rt the healthy wildlife in our county' Both agriculture and the
outdoor industry depend on clean air quality, clean water, and minimal impacts from human
activity such as noise and right potution. rhå'impacts can be devastating' The effects can best
beevaluatedbylocalreviewandsupportedwithstrongregulations.
lrespectfullyurgeyoutoadoptthecodechangestousethel04lrulestoregulateminingin
Garfield county. The L041 review process will give the county the tools it needs to best protect
Note: The comments and requests expressed above are mine alone, and are not intended to
reflect the ideas or comments of the City of Glenwood Springs'
March 30,2O2O
Dear Garfield County Commissioners,
We are pleased to support Garfield County's use of the 1041 review process to regulate
mining operations. We also encourage the Commissioners to maintain their resolve to
ensure the proposed new standards remain strong and intact'
We have many unique features throughout our county and we cannot afford to not have
a stringent reúiew pro""r. in place to regulate and protect the County' The application
of the ìo+t r"gulaiions and review process to mining operations will give us much
needed authority and the guidelines to protect our natural resources'
Garfield County already has 1041 regulations in place so it is reasonable to apply them
to mining operãtions "ño
to expand ihe review process to specific concerns with
regard to mining.
Mining is singular in that it has many aspects that are not necessarily apparent at first
gtancã. (1.)With continual movement of mining equipment, blasting, hauling, etc, air
[uality mohitoring cannot be a once a quarter occurrence. Daily monitoring in all
segments of the mine should be required'
(2.) Location, compatibility with community and residential needs, visual view sheds,
iraffic, roads, access and fire mitigation must all be addressed under the 1041
regulations.
(3.) Areas we don't see such as underground water resources, geothermal resources,
karst and caves must be protected because damage to them is irreversible.
(4.) Additional compliance with all state and federal laws and regulations applicable to
mining operations is also necessary.
For these many reasons we support the adoption and implementation of the new 1041
mining standards for Garfield County'
Sincerely,
Jerry and Mary Steinbrecher
611 W. Harvard Drive
Glenwood SPrings, CO
eff lenwood mail.com
Victoria Jarosh <vjarosh.eco@gmail.com >
Monday, March 30,2020 3:54 PM
comment@loveglenwood.org
gabriel.itu rralde@western.ed u; Mi guel Mansi lla; Brittany Raysby
VRJ Comment
From:
Sent:
To:
Cc:
Subject:
Dear Garfield County Planning and Zoning Commission'
I think it is within business ethics to expand the 1041 m¡ning standards to directly address a variety of impacts
that could result from a mining operation'
It is important that mine operators are held to standards that are within the interest of maintaining the
upmost public health. I nolo tnat Garfield ðounty should ensure that new 1041 standards are abided by during
approval of land use.
As points of examPle:
1. Water resources: allwater resources are vulnerable during mining operations...This includes groundwater
(geothermal resources), J;"* water (as well as riparian and wetland areas)' All of these water sources are
subject to irrevocabre-consequences if prãp"i rin"'o.ner9191 management is not present. Therefore I believe
mining and raw minerãl-int¡¡trãt¡on srrould be included in 1041 for the consideration of water quality'
2. Blasting: I believe that this should be considered during land-use evaluations. vibration could affect rock
stability in canyons which compromise public safety'
3. Compatibility: lt also seems that the local economic benefit of mining should be compared with existing
economic dependencies. Mining is a dominant operation in certain locátions- willthis conflict with existing
forms of income e.g. tourism economy?
I believe the mining standards should be expanded to consider situations as offered above'
Regards,
VRJ
Linkedin:
tr
https: t vww.linkedin'com /in /victoria-r-iarosh-3b1b15174
1
ieff .loveglenwood @9mail'com
From:
Sent:
lo:
Subiect:
Mogli CooPer < moglic@mac'com>
MoÃday, March 30,2020 10:54 AM
Peterson Jeff; comment@loveglenwood'org
comments
Dear Garfield county officials, county commissioners and Planning and zoning commissioners'
please do adopt the
'041
Review process to regulate mining. without it the big money is iust going to-run over the
County Regulations, ;;.k ñ"; as they hr;'i;î; ;ast' anã 9";t;h; Couttv'ã still legal right to regulate and
enforce its own code.you are already urinsih" ro4i Review proËess to reguiate wateiproþcts' landfills' water and
wastewater trearment prants, all of wrich #;;i; rrg"rtn "n¿
rãi"tv iterãs and I urge you to include mining as it
will directly affect and impact the public health and safety'
PLEASE INCLUDE MINING in the 1041 Review process and protect the pubric's health and safety as you would do
for those above mentioned proiects'
Mogli and David CooPer
Tate Fairbanks
MogliCooPer
109 Fox Prowl
Carbondale, CO 81623
970-433-5838
Don't look back, it's not where you are going"'
1
ieff.@gmail .com
From:
Sent:
To:
Subject:
Bo Kusick <bkusick@hotmail.com >
Sunday, March 29,2020 4:16 PM
comment@loveglenwood.org
Section 14-508 Additional standards Applicable to Mining operations
our family is emailing to urge support of the above referenced additional standards' our family (4
generations) has enjãyed aÃd benefitted from yearry visitations to Grenwood springs and specifcally the hot
springs. consideration of any activity that could potentially jeopardize the hot springs and the appeal of
Grenwood springs is beyond berief. we strongeriy rrg" the Garfired pranning and Zoning commission to
follow the provisions detailed in the above reierenced additional standards. Please do all that you can to
preserveandprotectGlenwoodSprings,itscitizensandbusinessesandspecificallythehotsprings.
The Kusick FamilY
Denver, Westminster and Aurora, Colorado
1
l.com
From:
Sent:
lo:
Subiect:
HenrY T. Doll
Henry T. Doll < henrytdoll@gmail'com >
tuesáaY, March 31,2020 7:34 AM
comment@loveglenwood'org
Use the 1041 Mining Standards
To Whom lt MaY Concern:
we bought a condo on the Roaring Fork River in Garfierd county in 1999 with the plan to retire in the future' while we
continued to work in Texas, for 4 monthr, *" io* ahe remaining g ;ontt., ¡n oui cororado home' rn 20!2' we retired
full-time to Colorado'
we bought because we wanted rasting air quarity, (no smog), water quality, (gol9 metal.stream)' and visualquality' (no
haze when viewing Mt. sopris). we wanted,;;J;;i minimar unnr.uåiìoå" ã"¿ road vibrations' we want to preserve
the environm"n, ot r* *ån¿lrrur area and ,r,i ao continue ,o ""j; ir'r. Ãrnu outdoor activities that drew us to the
area,
At this time, r am requesting, urging, and begging the planing and Zoning to adopt the proposed 1041 standards in order
to herp our resident, ..r"r.1r,"-.ornty *¡"iihãre are mining opuã,,oi, present' we' the residents' need to have
these standara, to prãi".t our quarity of rife in Garfierd county.
Again, please adopt the 1041 Mining Standards'
Thank you for listening to our plea as citizens of Garfield County'
I
I
I
I
L
I
l
I
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March 30,2020
Board of CountY Commissioners
Garfield CountY
108 8th Streeet, Suite 101
Glenwood SPrings, CO 81601
Dear commissioners samson, Martin and Jankovsky;
we are writing this letter in complete support of the county's use and
adoption tne To+t mining standards county-wide on public and private
lands within the Rural, Public Lands and Resource Lands zone
districts. In reviewing the section 14-s08, Additional standards
Ãpplicable to MininfOperations, we cannot imagine ignoring any of
the technicar areasbf concerns. we enjoy a wonderful quality of life
here and we expect you, as our elected officials, to maintain and
enforce the 1041 miñing standards to protect our lands from mining
exploitation.
Thank you for your time and consideration'
Regards,
Suzanne M Stewart
David B Winsor
ieff.loveqlenwood @qmail.com
From:
Sent:
To:
Subject:
sue <sue@sopris.net>
Saturday, March 28,2020 3:58 PM
comment@ lovegl enwood.org
Comments RE: Section 14-508
Dear Commissioners,
I have just learned that Garfield County is considering expanding the standards governing mining in the
county to include the 1041 review process currently used ¡n the regulation of airports, water projects, landfills,
water and wastewater treatment plants, highways and transit stations. I urge you to recommend approval of
this expanded regulation. Mining operations can make an important contribution to the economy of our county,
but they should not be permitted to do so at the expense of our air or water quality, or the disruption of our way
of life. Garfield County is a special place to live because of our expansive views, our clean air and water, our
nearness to nature, and our healthy environment. Mining operations must be regulated to assure our citizens
that our high quality of life here in Garfield County will continue. Thank you for acting to preserve the beauty of
our county.
Sincerely, Susan Ludtke, Glenwood Springs
il.com
From:
Sent:
To:
Subject:
James F HiPP <4brin5@gmail'com>
Sunday, March 29,2020 7:26 AM
LOVE GLENWOOD COALITION
Adopting the proposed 1041 mining standards
iti:iiil""J:"ïÏ'i:.ï::Håi or l!:r_" standards as pertains to art act¡vities mentioned in section 14's0B orthe
Land Use and Development Code 1041' r L -ì-^ :- -^-^v¡r -o .-ntiec tn alì the mentioned
Not only in regard to the proposed expansion by RMI, but also in generar as applies to all the mentione
activities in our area. Our resources "." ini.r-ingledwith our livãs and well being' If and when these
resources are mined or acquired by other means, great care needs to be taken in doing so' we need to view
this process from a long term poì1t orui.*.^noi-i'uï in regard to the immediate benefits we garnish' All
elements need be "aatË*"¿ ""d I b"li"tte this measure does that'
yes, colorado has a rich history in minin!ärã g"r "t¿ oil, but a large component of that history has resulted
eyesore "ft.. "y"ro.ä *ir., orïorr...uiärà tãrrain as the result Jf theseendeavors, because the long game
was never considered nor was the impact on the lives of all beings living in the area'
we can longer continue to operate r.o* trr" p.rspective that these endeavors carry no negative impact' They
do. we know they do. It is our responsibilityìo ensure-attentionis being paid to ari aspects of the impact of
any of these p.o¡..tt. ÑOT just thå short term financial benefits'
please protect our area ,o ii.h in so much, vote to support these measures'
SincerelY,
Jim Hipp
811 BennettAve
Glenwood SPrings
1
From:
Sent:
To:
Subject:
lenwood@ il.com
Sheryl Doll < sherylldoll@gmail'com >
Tuesday, March 31, 2020 7:00 AM
comment@loveglenwood'org
Use the 1041 Mining Standards
l{ru,lloå ,"ri¿"nt of Garrierd county and r urge pranning & Zoning to adopt ihî ï:lî'^:i iîT,:.:::::i:"t.""i:'irresidents
across the county for any mining operations. Garfielã county needs to be abre to hord a' mine operators to these
standards to protect the quality of life in Garfield County'
lnparticular,l,mmostconcernedaboutairquality,visualquality,waterquality,noiseandvibration'surface
disturbance,andrestorationandrecramation. lnordertopreservetheenvironmentofthisbeautiful areaandthe
abundance of clean outdoor activities that drew us here, please adopt the 104L mining standards'
Thank you for listening to the citizens of Garfield County'
SherylDoll
jeff @ .com
From:
Sent:
To:
Subject:
matthew goodstein <mlggws@yahoo'com>
MondaY, March 30,2O2O 4:00 PM
comment@loveglenwood'org
1041 Review Process
To Whom it MaY Concern
r strongry encourage our Garfierd county commissioners to adopt a io4i review process for all
mining oPerations
These operations have the potentiarfor serious economic, environmentar and hearth impacts on our
communities.
rt is imperative for the we, being of our county that any mining operation be required to compry with
section 14_508: nooitionål stañdards Applicáble to Mining operations
Thank you for your time and consideration'
SincerelY,
Matthew L. Goodstein, MD
503 West Castle Court
Glenwood SPrings, CO 81601
1
mail.com
From:
Sent:
To:
Subject:
Steve O'Brien < sobrienTTT @gmail'com >
SundaY, March 29,2O2O 6:38 PM
comment@loveglenwood'org
Letter to P andZ commission
To the Garfield county Planning and Zoning commission
I live in Garfield county and I supportadding new 1041 restrictions to the mining permit process in Garfield
county in an effort t" t"* "¿¿itìånal
ro."i-oî".right. The u".iour .o*munities in Garfield county rely on
pristine randscapes ;;;i.;; ;ater in foî ou-r å.J'orni. riveriïãoás. utilizing 1041 restrictions in this
process wilt help pt;;;bcal control on planning and zoning decisions'
Steven A. O'Brien, MD
Ciã"*""d Springs Physician since 1998
1
ieff.lovegl enwood@qmail.com
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Roan Marshall < roanm@runbox'com >
Sunday, March 29,2020 4:42 PM
comment@loveglenwood.org
Proposed 1041 mining standards
Dear Garfield County Planning and Zoning Commission'
I am writing to express my full support for the proposed expansion of the county's 1041 perm¡t review process to
include mining. Mining, like many other land use activities that already require a 1041 review process' can have very
significant, undeniable detrimentar impacts on both the environment and economy. Garfield county should have the
right and responsibility to protect its interests for the good of residents' businesses and visitors'
The proposed standards mentioned in section 14-508, Additional standards Applicable To Mining operations are of
particular importance because they directly address the county's ability to regulate issues specif¡c to mining operations
and the potentialfor negative ¡mpacts on overall quality of life in the surrounding areas'
Thanks you in advance for taking steps to ensure a better and more secure future for Garfield County!
Sincerely,
Roan Marshall
Sent from mY iPad
1
ieff.loveq il.com
From:
Sent:
lo:
Subiect:
Thank You for Your attention,
Liliana Stagakes, M'S', CCCSLP
liliana stagak es <lildiazT 2@ gmail'com >
SaturdaY, March 28, 2O2O 3:22 PM
comment@loveglenwood'org
Support for proposed 1041 standards
To Whom It MaY Concern'
I am expressing my support for the pr_oposed ro4r standards regurating mining-op*erations in colorado' The
environmenrur i*p*tããior,r"grrtut"d *fiö;; "J"uii.¡qd
mäuntaiñ communities and naturaþ occurring
bodies of water ur¿ i"tã, .ã,rrður -rho"l#äî"b" iä;rüi'r]t 'iläö;*;rñ;n being of a commu-nirv and
risking the loss or ouá,. ,ãoo jobs ø.tt " -ã." ;ddiii"r ıt oóo:"¡r i.""i"Ë for a mineral-which is easily
obtainable from other mining operationsìîîäil;;plã.rgrä"J. ä""il;;ã;;"pplies water to 7very arid
states that are already strugglin-g with lack of water ."roo-."u"]î;;;;;;;i;g thïnatural water resources in
cororado will turtheiimpact colo.u¿o u'iîiåräri"t* *rrtgh ö;iä;ó;iqt"dg for their water supplv' It is
irresponsibre not to.regrirate mining opu.äiäir"*ãã'"* trr"À tïããrtroy natural water resources and thriving
mountain "o*-,""ti""' Þt"u'u s"ppoit ihá ptopot"d ro4r standards'
.
1
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i
L
ieff.loveglenwood@9 mail-com
sarah gordon < sarah.rankin.gordon@gmail.com >
Tuesday, March 31,202011:41 PM
comment@lovegl enwood.org
1041 Review Process
From:
Sent:
To:
Subject:
Dear Planning and Zoning Commissioner,
Thank you for taking the time to review this issue with thoughtful consideration'
I am writing in support of Garfield county's use of the 1041 review process to regulate mining operations'
Garfield County already uses the 1042 review process to regulate airports, water projects, water projects,
lãnonlÈ, and séveral oírrer land uses. This is a smart and and forward thinking measure and I hope you
support it.
Regards,
Sarah R. Gordon
1
jeff.loveg
From:
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lo:
Subject:
john Burg <johnfburg @gmail'com >
SaturdaY, March 28,20201:30 PM
comment@loveglenwood'org
1041 Mining Standards
r strongry support the countyls adgqtr.on of new standards to govern. mining. operat¡ons across the
county, particurarry ir..," ,r" ót thre 1b+t review process, " ðãlär"oo raw thãt atows rocar governments
to address a wide variety of impacts that could'result from a proposed activity'
Glenwood Spring Citizens' Alliance:
John Burg
1604 Bennett Avenue
Glenwood SPrings
From:
Sent:
lo:
Subject:
lenwood mail.com
Linda Collier < linda.collierO@gmail'com >
MondaY, March 30,202012:06 PM
comment@loveglenwood'org
Mining Standards
It seems to me that strict mining standards should be determined for any future mining in Glenwood springs' This valley
has arways been known for its beauty and recreational activity. Since the current mine has not followed the city or
county guidance on *t "ir¡ning
activities shourd be atowed, it seems rike there is a need for strict and clear guidelines'
Future mining activity must be Ãanaged if we are to have a tourist industry including preservation of the land
around Glenwood springs. I applaid tr'" "torti"ing taken to regulate what happens on the land'
Linda Collier
1
eff.
From:
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lenwood@ .com
TOM ELDER < groovytree@comcast'net>
TuesdaY, March 31,2020 4:24PM
comment@loveglenwood'org
Fwd: mine
Original Message
From: TOM ELDER <groovytree@comcast'net>
To: comment@ loveglenwood'org
Date: March 3t,2O2O at 4:21 PM
Subject: mine
I supPort the 104'1 review Process'
Tom Elder
247 N 7th st
New Castle, Co 81647
ieff.l ovegl enwood@q mail.com
From:
Sent:
To:
Jim Elliott < profjelliott@msn'com>
Sunday, March 29,2020 1:32 PM
comment@loveglenwood'org
Garfield County 1041Subject:
I support Garfield county's use of the 1041 review process to regulate mining operations and encourage officials to
ensure the proposed new standards remain strong'
I also support that if adopted, the Rocky Mountain lndustrials limestone mine expansion proposal would have to prove
that it courd meet these standards. The standards wourd arso appry to other proposed mining operations elsewhere in
the countY
I do support that RMI stays in business though I am against the expansion proposal'
Jim Elliott
Glenwood SPrings, Colorado
Sent from Mailfor Windows 10
1
From:
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To:
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.com
Christine lnterlante < realaspen @comcast'net>
SundaY, March 29, 2020 2:23 PM
comment@loveglenwood'org
mining review
To P&2, r -----^-,^r ^r o-nan¡lino rhe countv's 1041 permit review
I am writing to urge P&Z members to recommend approval of expanding the county's 1041 permit rev'
pto."t. to iîclude mining' Please protect our lands'
Thankyou
Christie Interlante
1
ieff.loveqlenwood@ qmail.com
From:
Sent:
To:
Steven Kilthau < stevenkilthau@gmail'com >
Tuesday, March 31,2020 9:53 AM
comment@loveglenwood'org
lmpactSubiect:
The consequences to the environment, hearth, protection of any living organisms, destruction of natural wilderness and
sociar/economic impact to anything within a t m¡re, 2mire, 3 mire or rã m¡t" radius of a mining operation ( or other land
use ) is reason "nougfio
,rpår" ,iri.a regulations and adopt new standards to county procedures'
A revised 1041 review process wourd insure the hearth, safety and current status of the citizens residing in the
communitY now and in the future'
Thank you
Steven Kilthau
Sent from mY iPad
Sent from mY iPad
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ma¡l.com
Jim lngraham <captjimingraham@gmail'com>
Saturday, March 28,2020 3:18 PM
comment@ loveglenwood.org
Comments for Gar{ield CountY P8tZ
To: Garfield County Planning & Zoning Commission
From: James lngraham, resident of Garfield County
Date: March 27,2020
Subject: Proposed 1041 Mining Standards
I urge the members of the Garfield county planning & Zoning commission to recommend approval of expanding the county's 1041
perñit review process to include mining'
The proposed ,1041 mining standards are, in my opinion, reasonable and appropriate, both individually and in the aggregate
Thank you for your consideration of my comments'
eff lenwood@ il.com
From:
Sent:
To:
Subject:
Julie Rippy <jnvgraphics2S@gmail'com>
Monday, March 30,202011:52 AM
comment@loveglenwood'org
Garfield County's use of the 1041 review process
Hithere. Below is a statement we would like submitted to the Garco P & Z Commission' Thanks!!
Greetings commissioners. we are writing to voice our support of Garfield county's strong new standards to govern
mining operations across the county and the 1041 review process. we feel that the adoption of these standards would
help to protect ttre economy, quality of life, and health/safety of Garfield County residents and businesses'
prease take our support of these new standards into consideration when discussing this important top¡c that has the
potent¡al of greatly affecting all of our futures'
Thank You for Your time!
Randy and Julie RiPPY
I
ieff.@qmail.com
From:
Sent:
lo:
Subject:
Gerry VanderBeek
Glenwood SPrings
Sent from Yahoo Mail on Android
Gerard VanderBeek <gerardvanderbeek@yahoo'com>
Sunday, March 29, 2020 2:48 PM
comment@loveglenwood'org
Yes to the 1041 review Process
r fuily upport Garfierd county,s use of the 1041 review process to regurate mining operations and
"n.ãuiäö"
officials to ensure the proposed new standards remain strong'
1
From:
Sent:
To:
lenwood ma¡l.com
Sara Sims <sara.sims02@gmail.com >
Monday, March 30,2020 1:44 PM
comment@l ovegl enwood.org
1041 ReviewSubiect:
Hello, as a resident of 456 N Traver Trail, Glenwood springs, I urge the county commissioners and the P & Z commission
to use the 1041 Review process in regulating mining operations'
It is of utmost importance that stringent standardsire applied to regulating this industry as there is a great deal of
concern to our public & environment about mining impacts'
Thank you,
Joe and Sara Sims
Sent from mY iPhone
1
From:
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lo:
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il.com
kevi n < kbwasli @comcast.net >
Tuesday, March 31, 2O2O 1 1:52 AM
comment@loveglenwood.org
Comment concerning the Garfield County's proposed 1041 mininq standards
To the Garfield County Commissioners and the Planning and Zoning Commission,
I support the immediate adoption of strong new standards to govern mining
operations across our county such as those laid out in the 1047 review process. Garfield
Cãunty should use the L041 rggulations as allowed by Colorado law to review proposed
projects that may impact our local communities'
Thank you,
Kevin A. Wasli
1310 Oak Way Ave
Glenwood Springs, Colorado
8L601
1
RESOLUTION 2O2O-20
A REsol,urroN olTlE crrY coyryç* oF rHE cIrY
oF cLENwooD t1g¡îð' cbion¡uo sUPPoRTING
rHnunslcNArloN-91tËiÑu"ol"tir1t9-u"cEAREAsAs
nnsnfo* srArF'-t*t"iüli ÑD rIT'ADoPrIoN oF
.nnorftoNAl REGu-L^iìöi'"'i*l+ttlc ro MTNING
opnnlr toNS BY "¡t"tiiñ"tül.,n
c ou¡rY' c o LoRADo
uoo*3 óñäuÑrv coMMIssroNERs'
*HEREAS, tlre City of Glenwold Snrles (..Glenwood Springs,, or the.ocity,') is located
within Garfield t*'öðåi;ttd" (the "County"); and
w*ERaasorocargovelnmerrt,iî?"-t:iåii,îîåil};;iË:åi.î;:;; j:tfi î:19ii
Activities-of State Interest pursuant to t
powers,,) to reguiate iuîá *r, i,, u **lå ä;"J";J itt" rt""ittt't"ittvl and welfare of their
residents, and prot*ctiilf tl* environnrent; and
wHEREAsoGarfieldcounwhasdesignatedandenactedregulationsF?ltt.ningAteasand
Activities of stateffi;;;"rdl, it, iüi'",l;-^^*irti""Ä"ìãr"-r+ oiitt Land use and
iãi"i*Ã* code (the "LuDc");
*ITEREAS, the existing LUD. does not distinguisrr between urav3r extraction anci
mining operations *.1* rfr"trf, thãse extractiu" p'o"t"t' ""* ""ö'ãiff"ä* health' safety' and
Lt*itt'"*-"ta L imPacts ; and
WIIER$AS,theGar.fre}dC:-l.vBoarclofCountvCommissionerswillbeconsideringa
text amendm"r,t toür" rupc trrut ¿"uiå'nítävii**1n"1"ut"" Ár"us.as Areas of state Interest
and frurhe,- r"guru,. r;år,lop"*rion, íu'riä"ii" i - Iû4I Powers; and
wHEREAs' large-scare nining operalions ÏlÏî"tt|;,Ti"îîll';i'J';iî'l*t*1li'
äïTliåJä'.#îl;îä#'ffi .îii{i'är*JT'lït"Tilii"J''ïË;"''r*"rñdbasedon
standards ta'ored to ths iocal "orio*"äoÀic
and ""#".;;îions
that may be impacted'
including air quality, ,vis*al ,"r".r;;;^;;"t l"dity "nJ
q*ttity' geothennal resoufces'
floodprains, w"tlu-nás,'riparian areas, øîä't* piuni m., ."ü *à"ilgiior ã"r¿itions' and natu'al
hazatds; and
WHEREAs,County,sproposedtextamendmenttotheLUDCwillptovidetheCounty
with reasonable and appropriate ,."gu,J,iry ;rthorîty to n"åiä;i* op*'"tion* white'equiring
certain mitigation **åror"s ,o .n*ur, îï,îrdütiJ;;r;ri;:1i;ö;'älie residents and protection
of the ",ruiron*"iriï-"iïiJ;
*p*irr""irv io mining.operations; and
WHEREAS;theCounty,sproPgu*."-,1Ï.":lmenttothel'U|Cwillspecifically
exempt sa'd and graver extraction *r,i"r., is separately ö;'t* ;,hi" the LUD. ftom the
;;;ü;"t of rnining oPeratiotts; and
WHERßAS, the City Council finds that it is in the best interest of the health, welfare, and
safety of the residenis of the City of Glenwood Springs to support the Garfield _County Board of
County Commissioners' designation of a Mineral Resource Arca as an Atea of State Interest and
furthei adoption of regulations relating to mining operations within such areas.
NO\U, THEREFORE,IT IS RESOLVED BY THE CITY COUNCIL OF THA CITY
oF GLENWOOD SPRTNGS, COLORADO, THAT:
Section 1. The above rccitals are hereby incorporated as findings by the Cþ Council of the
City of Glenwood Springs.
Section 2. The City Council hereby endorses ancl urges the adoption of the text amendment to
C*nrt¿ County Land Use and Development Code Article 14 forwarded by Garfield County
Cornmunity Development Department staff regarding gravel and mining extraction regulations in
Garfreld County.
INTRODUCED, READ, AND PASSED THIS 16th DAY OF APRIL 2O2O
CITY OF GLENWOOD SPRTNGS, COLORADO
/t, ,A.,,r-,
Jonathan Godes, Mayor
ATTEST:
ú lL-^¡a-r4-
Catherine Mythen Fletcher, City Cleft
2
RoV B. MCCLUNG
M¡von
EHUTE
" fe.turtÞv¿vrk " Prãþ " Iwøptløtt'st1 -
222 GnNr'¡O VALLEY WAY. PERACUUTT, CO 8l-635 . (970) 28s-763O
¿4¡¡Íat to
AprilL7,2O2O
Patrick Waller, AICP
Senior Planner
Garfield CountY
Community Development Department
108 8th Street, Suite 401
Glenwood SPrings, CO 81601
SUBJECT: RESPONSE TO GARFIELD COUNW PROPOSED 1041 REGULATIONS CHANGES REFERRAL
Dear Mr. Waller:
This letter is being written in response to your referral request regarding Garfield county's proposed
changes to your land use regulations Article 14'
Due to the length of the document, I have not had the time to review in its entirety' but I want to express
some concerns that I have. The primary area of concern is that this may/will be used to limit or prohibit
mining in areas that are removed from any residential locations. Garfield county goes allthe way to the
utah border and covers a vast amount of square mileage. I am concerned that if these changes are being
considered specifically in response to the mining operation north of Glenwood springs, it might not
consider situations and potential in the western portion of the County'
lf an entity wants -to open a mine that creates a large number of well-paying jobs and provides a valuable
service, I wouldn't want the proposed changes to the County's land use code to hamper that
potential. My first and foremost concern and iesponsibility as Mayor of the Town of Parachute is the
health and well-being of the Town's residents. weli-paying jobs are certainly critical to this responsibility
and something I want to support. I do not want overly cumbersome county rules to inhibit the creation
of jobs or unnecessarily restrict new industry'
Thank you for allowing me to respond to your referral. lf you have any comments, please contact Stuart
McArthur, Town lvlanJger, at stuartmc@parachutecolorado'com or at 970'285'7630' #106'
Sincerely yours,
k,t-w
Mayor
SSMc
cotoRADO
Parks andWildlife
Department of Natural Resources
Grand Junction Service Center
Northwest Regional Office
711 lndePendent Ave.
Grand Junction, CO 81505
Kirk Oidham
Area Witdtife Manager
Cc. Matt Yamashita, Area Wiidtife Manager
Bitt deVergìe, Area Witdlife Manager
Danie[[e Neumann, NW Regìon Land Use Specialìst
Fite
reffi1
Aprit 21 ,2AZA
Sheryt Bower
Garfíetd County Community Development Director
108 8th Street, Suite 401
Gtenwood SPrings, CO
81 601
Dear Mrs. Bower,
Thank you for the opportunity to provide comments on the Amendments to the Garfietd county Land
use and Devetopmenr ¿;J; ír zoil.cotorado parks and witdtife (Cpw) has a statutory responsibitity to
manage att witdtife ,p*lã, in colorado. our missìon is to perpetuate the witdl'ife resources of cotorado
and to provide ,urtuinãOtãoutdoor recreation opportunities that educate and inspire future
generations. some of il " *"vi ipw futfiits this mission inctude responding to requests for comments on
tand use actìons and providing consuttationr' Àftur revjew of this document, CPW supports Garfietd
ðounty's utitization of Colorado HB 1041 regutations'
cPw thanks Garfietd county for iisting our ãgency as a consuttant for "M' wetland construction'
Enhancement, Restoration, or MitigatÍon" prälecis. We-do.r.eq,uest to be formall'y tisted as a review
agency for "5. Wit¿tife tferrestriaiand nquaii4;' and "R'.Weilands and Riparìan Areas under Permit
Approvat Standards". Wà embrace atl opportuníti", to cottaborate with Garfietd County for the benefit
of Colorado's witdtife resources'
colorado parks & witdl,ife vatues the opportunity to provide comments on this proposat and commends
Garfietd county on the quaiity of this documenf. lf you have_any questions o-r-:o':elns' ptease reach
out ro Area Witdtif" M;G;i^itt Yamashit a at 9zo-9q7'2927 or me at 970-255-6178'
SinceretY,
Dan prenztow, Director, colûrâdo parks and wjldrife . parks and wlcltife co¡rmissiolr: Micherte Zimmernran, Chair'' Marvin McDanìeL' vice'chair
James visjt, secretary . Taishya Adams . BerSy Blecha . Roberr w. B,"y ä;;Ë ¿;t;ia ' Marìe Haskett ' carrie Besnette Hausef ' Lt¡ke B' schafeF Eden vardv
Written Public Comments - Planning Commission Public H
Received Wednesday, April 27,2O2O Via GoTo Webinar
Heather McGregor
I support the proposed 104L regulations as included in the staff memo. I appreciate the
county's effort to develop these regulations.
please retain two important items in the submission requirements: assessment of workforce
housing needs and assessment of greenhouse gas emissions from the mining operation.
Kathrvn Trauger
I urge P & Z to support this to the BOCC.
David Radeck
This is a major land use issue and I would like to thank the BOCC for taking the time to
understand that they will be either revered or reviled depending on their vote. lmpacts to the
Glenwood area would definately impact tourism not to mention roads, quality of life, and
impacts to surrounding communities.
7"/t)
ÎOWN OF NE1V CASTLE, COLORADO
RESOLUTION NO. 2O2A.T6
A RESOLUTION OF IHE TOVyN COUNCIL OF THE TOWN OF NEW CASTLå
CO[-OB¿.OO. SUppOnrNC IEIE OBSIAÌ.IRTION,gF IvlIN RnI- SESOURCE eREAs nS
RRERS-Of Statn nlrgRESr ANp tHB RnOprlON On epolTtONet RECULATIONI
ngl-nrn{C rO I\dn{WC OprnÂ-Ï'tONs nv rFIn qnnrmlo COuNrv. COlonepg
BOARD OF COUNTY COMMISSIONERS.
WHEREA$, the Town of New Castle, Colorado ( the "Town") is located within GarfÏeld
County, Colorado (the "County"); and
WHERßAS, local govËrnments in Colorado have the authsrity to regulate Areas and
Acrivities of Sta¡e Interest pursuant to HB 74-rc41, codified at C.R'S. $ 24-65.1-l0l f'1041
Powers") to regulate land uses in a manner to promote the health, safety, and welfare of their
residents, and protection of the environment; and
WHEREAS, Carlreld County has designated and enacted regulations governing Areas and
Activities of State Interest under its l04l Powers within Article 14 of its Land Use and
Development Code (the "LUDC");
1VHEREAS, the existing LUDC does not distinguish between gravel extraction and
mining operations even though these extractive processes create vastly different health, safety, and
environmental imPacts; aod
WHEREAS, the Garfield County Board of County Commissioners will be considering a
text amendment to the LUDC that designates Mineral Resource Areas as Areas of State Interest
and further regulate mining operations pursuant to its l04l Powers; and
WIIEREAS, large-scale mining operations within the County can create impacts,
including hazardous mine waste and tailings, extensive excavation, blasting noise and vibrations,
odors and dust, and heavy industrial traffic that should be analyzed and reviewed based on
standards tailored to the local socioeconomic and natural conditions that may be impacted,
including air quality, visual resources, water quality and quantity, geothermal resources,
floodplains, weilands, riparian areas, wildlife, plant life, soils, geological conditions, and natural
hazards; and
MIEREAS, County's proposed text amendment to the LUDC will provide the County
with reasonabte and appropriate regulatory authority to permit mining operations while requiring
certain mitigation measures to ensure the public health and safety of the residents and protection
of the environment as it relates specifrcally to mining operations; and
\ryIIEREAS; the County's proposed text amendment to the LUDC will specifrcally
exempt sand and gravel extraction which is separately regulated within the LUDC from the
regulation of mining operations; and
\ryHEREAS, the Town Council finds that it is in the best interest of the health, welfare,
and safety of the residents of the Town of New Castle to support the Garfield County Board of
County Commissioners' designation of a Mineral Resource Area as an Area of State Interest and
further adoption of regulations relating to mining operations within such a¡eas.
N0lry, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF NEW CASTLE, COLORADO, THAT;
Section l. The above recitals are hereby incorporated as findings by the Town Council of the
Town of New Castle.
Section 2. The Town Council hereby endorses and urges the adoption of the text amendment
to Garfield County Land Use and Development Code Article 14 forwarded by Garfield County
Community Development Department staff regarding gravel and mining extraction regulations in
Garfield County.
INTRODUCED, PASSED AND ADOPTED by a vote of jL to Ê at a regular meeting of
the New Castle Town Council held on April 21,2420.
TOWN OF NEW
Mayor An Riddile
ATTEST:
c
Clerk Harrison, CMC
t
*
*
GARFIELD
SEAL
COUNW
2
Martell
From:
Sent:
To:
Subject:
Angela Martell
Friãay, APril24,2020 8:50 AM
Angela Martell
pawsloverl Comments on proposed 1041 mining standards
From: 4pawsloverl' <4pawslover@gnJail'com>
Sent: ThursdaY, APril 23,2020 8:18 PM
To: miningregcomments <miningregcommPnts@ garfield-countv'çom>
Subiect: [Exte rn a l] cot t"iããîpã p*"¿ 1041 m i n i n g sta nd a rds
This is too important not to be considered. our community is reþing on allour erected officials to protect our
environment ""¿
p*rà"*à1rri, io*" best interest on so many levels'
Patty Grace
uo1 Colorado Avenue
GWS
1
ela Martell
From:
Sent:
To:
Subject:
alan nelson <anelson3959@9mail'com>
Friday, APril24,2020 10:23 AM
miningregcomments
tExterñall Comments on proposed 1041 mining standards
ialan nelson support the proposed 1041 mining standards for garfield county
1
Angela Martell
From:
Sent:
To:
Subject:
brs9999@aol.com
Friday, April24,2020 11:00 AM
miningregcomments
IExternal]
lwould like to urge the Garfield County Commissioners to approve expanding the county's 1041
permit review process to include mining. I have reviewed this process with emphasis on Section 14-
SO8, Additional Standards Applicable to Mining Operations. All areas of section A thru R are vital to
maintain the essence of the Roaring Fork Valley and beyond. I strong believe that a majority of the
residences of this area would agree that the number one reason we have picked this area of the
country to live and work in is it's unique beauty which will be lost forever without protection. The 1041
permit review process provides our leaders a strong platform on which to make thoughtful
decisions to protect the citizens , wildlife and Mother Earth herself.
Thank you very much.
Bruce Schober
Concerned Citizen of Glenwood Springs
Anqel a Martell
From:
Sent:
To:
Subiect:
Thank You'
SincerelY,
CorolYn McConn
nifle, CO
Carolvn McCann <mccannart@gmail'com>
iiurr¿uY, APril 23,2020 8:23 PM
Ëii::i:ïi"ii' on o'ooo'ed 1041 minins standards
Dear Garfield County Commissioners:
I support the proposed 1041 mining standards'
The standards wi, give Garfierd county governme-nljll"r authority to protect the environment and
our pubric hearth, ,:ï:"rräi *Ërt*g1iäri nesative irp"ätJãi n.iníns. rhev arso set ctear
expectations for.ñi;d companies t"'#;ii;óroer to "Jri ilrril "ónrovárs
and run mining
operations over tlme'
a Martell
From:
Sent:
To:
Subject:
gagamama < gagamama@q'com>
ihursday, APril 23, 2020 6:46PM
iiii::",i:t#iltåï on proposed 1041 minins standards r support this proposar. rhanks for all
your hard work!
Sent via the Samsung Galaxy 59, an AT&T 5G Evolution capable smartphone
1
Martell
To the Garfield County Board of Commissioners;
Having visited Glenwood springs since L965, I was able to purchase a second home in west Glenwood in
2012. Grenwood springs is our favorite prace to spend time. we remain on the front range happily tethered to 5 grand
iiìlii::; the commissioners to adopt the Standards for mining as endorsed bv the planning and Zoning commission'
From:
Sent:
To:
Subject:
RespectfullY,
P. Gregg Kildow
183 Orchard Drive
Glenwood SPrings, CO 80601
Sent from Yahoo Mail on Android
gregg kildow < pgkildow@yahoo'com >
Thursday, APril 23, 2020 6:47 PM
miningregcomments
tExterÁali Comments on proposed 1041 mining standards
1
Anqela Martell
From:
Sent:
To:
Jeanette Davis <jdavis4886@aol'com>
Friday, APril24,2020 9:54 AM
miningregcomments
lExternal] Comments on proposed 1041 mining standards
Subject:
Dear CountY Commisioners,
r am sending this emair in support of the proposed 1042 mining standards. r firmry believe that those standards will
provide Garfield county government tlt" "tio,.i'y
to p'ot"tithe environment and our public health' safety and
werfare from negative impacts of mining. rnåy aro'set crear expectation for mining companies to meet in order to earn
oîttii"oor"vall and run mining operations over time'
Thank you,
Jeanette J. Davis, MSW
81504
Sent from mY iPad
1
ela Martell
From:
Sent:
lo:
Subject:
Jenell Hilderbrand <jenxtremeski@gmail'com >
SaturdaY, APril25, 20207l.15 AM
miningregcomments
lExternall Comments on proposed 1041 mining standards
r can not berieve this is even a discussion in our community in the Roaring Fork vatey of mining expansion' This
community is based on tourism not mining. This community is driven by healthy âct¡vit¡es such as hot springs pools'
rafting, biking, and hiking. This rimestone mining operation wilr contribute to noise pollution, water pollution' air
poilution, and for what purpose? Rain water and rimestone cause acidity and this wiil impact everything including
vegetation,wirdrife, and marine rife arong with of course our own r¡ves ai humans. The air quarity will drastically decrease
and for those that chose to dine outside on the street side at the brewery or Rivera it wit not be the same experience
with noise and air quarity impaired. The hunters that once came to craim their elk, well there will be no elk or hunting
permits for those ,r"r, ,¡n." the water wiil no ronger sustain rife and the noise wiil drive wirdlife away' what will this do
to our rear estate? of course it wiil drive it down. rìan,t berieve we have not invested our resources and money into our
ski area to buird on tourism. The leaders in our community need to do better for it's peopre and wildlife' I expected alot
more from this community and my head hangs low because we're fighting over a materialfor concrete' building
materials, toothpaste? Really? rn the heart oiar,i, community ries so-methìng so spectacular that we aim to distruct it
and dismantle something that is not yours. To expand this operation is like spitting on tax payers faces and community
members that have grown up here and dedicateá their lives to this community just to watch the money hungry mongers
ruin this town to pad their pockets'
May your values and morals match your fight'
Jenell Hilderbrand
1
An a Martell
From:
Sent:
To:
Subject:
M K Koski <mmski49@soPris.net>
Friday, APril24,202O 10:24 AM
miningregcomments
tExterÃali supComments on proposed 1041 mining standards
r reaily DO NOT support mining in any form in our community! rn or outside Grenwood Springs. Horrendous!
rn the event that supporting the proposed 1041 mining standards is the onry option avair to mon¡tor and protect
our beautiful County". then at the very least please do that'
I am vehementlY oPPosed to mining'
what r read is d.the standards wiil give Garfierd county government crear authority to protect the environment
andourpublichealth,safetyandwelfarefromnegativeimpactsofmining.Theyalsosetclearexpectationsfor
mining compan¡es to meet in order to earn permit approvals and run mining operations over time'
ls that really all we can do?
l'm just Disgusted'
Maureen Koski - taxpayer and resident
Glenwood SPrings, Colorado
1
Angela Martell
From:
Sent:
To:
Subject:
PEGGY HILL < peggylhill @comcast.net>
Monday, April27,2020 10:28 AM
miningregcomments
lExternall Comments on proposed 1041 mining standards
Dear County Commissioners,
I write to encourage you to adopt the recommended 1041 standards. As a res¡dent of Garfield
County, I believe to.át gou"rnment should have clear authority to assess and regulate the impacts of
mining operations on thê env¡ronment as well as public health and safety. While I understand that
,or"äuinority already exists at local levels, I believe 1041 would strengthen those authorities in
ways that can be protéctive and also consistently convey to mining companies what they have to do
to earn permit aPProvals.
Sincerely,
Peggy Hill
4544 Mountain SPrings Road
Glenwood Springs. CO
Angela Martell
From:
Sent:
To:
Roan Marshall < roanm@runbox.com >
Friday, April24,2020 11:24 AM
miningregcomments
[External] Comments on proposed 1041 mining standardsSubject:
Dear Ga rfield County Commissioners,
I am writing to express my full support for the proposed expansion of the county's 1041 permit review process to
include mining. Mining, like many other land use activities that already require a 1O4t review process, can have very
significant, undeniable detrimental impacts on both the environment and economy. Garfield County should have the
right and responsibility to protect its interests for the good of residents, businesses and visitors.
The proposed standards mentioned in Section 14-508, Additional Standards Applicable To Mining Operations are of
particular importance because they directly address the county's ability to regulate issues specific to mining operations
and the potential for negative impacts on overall quality of life in the surrounding areas.
Thanks you in advance for taking steps to ensure a better and more secure future for Garfield Countyl
Sincerely,
Roan Marshall
Sent from my iPad
Angel a Martell
From:
Sent:
To:
Subject:
Mary A Steinbrecher < marysteinb4g@gmail'com >
Tuesday, April 28, 2020 1:59 PM
miningregcomments
[External] Comments on proposed 1041 mining standards
Aprrl28,2020
Dear Garfield County Commissioners,
we are writ¡ng to support Garfield county's use of the 1041 review process to regulate mining operations'
using L04L standards gives the county additional tools to deal with more intense and complex mining proposals'
standards give the Garfield county government clear author¡ty to protect our public health, safety, welfare and our
environment from negative impacts of mining'
Standards also set clear expectations for mining companies to meet in order to earn permit approvals and run mining
operations in the future.
Please approve the proposed additional LO4lstandards to review and regulate mining operations'
Thank you for your concern and consideration'
Yours,
Mary and JerrY Steinbrecher
Glenwood SPrings, CO
1
An Martell
From:
Sent:
To:
Subject:
Kyle Jones
Kyle Jones < knjonesco@gmail'com >
Tuesday, APril 28,2020 3:03 PM
miningregcomments
lExterñall Comments on proposed 1041 mining standards
To Whom lt MaY Concern:
l support the 1041 mining standards and appreciate your readership on th¡s issue. l am a Grenwood springs resident
deeply concerned about the economic impact the mine may have on the town. At industry relies on tourism and this
minedoesnotseemconcernedabouttheirimpactonthat'
Anqela Martell
From:
Sent:
To:
Subiect:
kramersS5 < kramersS5@comcast.net>
Tuesday, April 28,2020 3:19 PM
miningregcomments
lExternall Comments on proposed 1041 mining standards
We support the 1041 Mining standards and very much appreciate the BOC for their courageous and very
approprìate actions taken tó protect the downtown area of Glenwood Springs and its residents and many
hundreds of thousands of ¡ts tourist-visitors from the assault of mega-mining so close to dense population and
activity.
Thank you,
Scott and Patricia Kramer
2501 Palmer Avenue
Glenwood Springs CO 81601
Sent from my Verizon, Samsung Galaxy smartphone
1
Angela Martell
From:
Sent:
To:
Subject:
Dear Garfield County Commissioners:
We strongly support the proposed 1041 mining standards. These standards are crucial to
maintaining people's health and to have a healthy environment. It is necessar¡r for
Glenwood Springs to maintain the lifestyle that residents and tourists have known and
enjoyed for decades.
We have been enjoying vacations in Glenwood Springs since the 1970s and hope we will be
able to continue enjoying the beauty of Glenwood Springs.
Thank you.
Sincerely,
Sheri and Scott Karas
Denver, CO
Sheri and scott Karas <sheriandscott24k@yahoo.com>
Tuesday, April 28, 2020 3:25 PM
miningregcomments
lExternal] Comments on proposed 1041 mining standards
1
Angela Martell
From:
Sent:
To:
Subject:
Linda Collier < linda.collierO@gmail.com >
Tuesday, April 28, 2020 3:38 PM
miningregcomments
lExternal] Comments on proposed 1041 mining standards
I think the new mining standards are needed. My question is how to enforce them' lt seems like they do what they
want with or without mining standards'
I
Angela Martell
From:
Sent:
To:
Paul Dudley < pdudley@rfschools.com >
Tuesday, April 28, 2020 3:54 PM
miningregcomments
[External] 1041 mining standardsSubject:
Greetings,
I have lived in Garfield County for over 11 years. I am proud that our county has both a
planning and Zoning comm¡ttee and a Board of Commissioners that respects the will of its
constituénts. To thal end, I urge you to support the 1041 mining standards for Garfield
County.
These mining standards have been extensively reviewed. The standards will give Garfield
County government clear authority to protect the environment and our public health, safety
and welfare from negative impacts of mining. They also set clear expectations for mining
companies to meet iñ order to earn permit approvals and run mining operations over time'
ns a parent of a young child, I want our son to grow up in a safe and healthy environment.
please take into ôonsiãeration the needs of families and residents of this area' We live in
harmony with a vital natural environment. A loosening of regulations will only strain the
balance between econom¡c development and environmental conservation. Glenwood
Springs and the surrounding county is unlike any other place on Earth. I beg you to use
sound judgement in makingthe decision to support the 1041 mining standards.
My family would like to thank you for your leadership on this issue to this point. Please
stäy the course and support the 1041 mining standards for Garfield County'
Sincerely,
Paul Dudley
Glenwood Springs, CO
Paul Dudley
Spanish and ELD
od ud lev@ rfschools,com
Anqela Martell
From:
Sent:
To:
Subject:
Laura Carter < llscarterO@gmail.com>
Tuesday, April 28, 2020 3:58 PM
miningregcomments
[External] Comments on proposed 1041 mining standards
Dear Garfield County Commissioners,
Thank you for your recent decision on the L041 mining standards.
I fully support your decision to set expectat¡ons for mining companies and their operations. I appreciate your efforts to
protect the environment of our beautiful county and the public health, safety and welfare from the negative impacts of
mining.
Again, thank you for your commitment to the c¡tizens of Garfield county.
Best regards,
Laura S. Carter
221 Lariat Lane
Glenwood Springs, CO 81601
STATE OF COLORADO
COUNTY OF GARFIELD
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garf,reld County Administration Building, in Glenwood Springs
on the 4rh day of May, 2020, there were present:
)
)ss
)
Tnhn Martin Commissioner Chairman
Commissionerl\fil¿a (omcnn
Tom Jankovskv . Commissioner
Tari Williams , County Attorney
Kellv Cave . Assistant County Attorney
Kevin Batchelder , CountY Manager
Jean Alberico . Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2020.
A RESOLUTION APPROVING A TEXT AMENDMENT TO AMEND ARTICLE 14 OF
THE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE TO DESIGNATE
MINERAL RESOURCE AREAS AS AN AREA OF STATE INTEREST, AND
ADOPTING GUIDELINES AND REGULATIONS THEREFORE.
Recitals
A. Garfreld County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. The Board of County Commissioners has determined that it is in the best interest
of the public health, safety, welfare and the environment to improve its regulatory standards and
requirements for Mining Operations, and
C. The potential impacts of Mining Operations are best addressed by designating
Mineral Resource Areas as areas of state interest and adopting guidelines and regulations for those
areas pursuant to Section 24-65.I-rc1, et seq., CRS and
D. The Board of County Commissioners has designated certain areas and activities of
state interest and adopted guidelines and regulations therefore in Article 14, Division 2 of Garfield
County Land Use and Development Code (LUDC); and
E. The Board of County Commissioners desires to amend Article 14, Division 2 of the
LUDC to add guidelines and regulations for Mineral Resource Areas and the conduct of Mining
Operations therein.
1
F.PursuanttoSection4-.|4,theBoard.ofCountyCommissionersinitiatedcertain
Text Amendments tã tn" r.unc that ;;;;;;t to i,,,pt"-"ni the regulations and guidelines for
G.onAprilzz,zoao,theGarfieldCourrtyPlanningCommissionconductedapublic
hearing onthe propoã"ã t"*t am"rrdm;;;ãi"g guiderines anıregurations for Mineral Resource
Areas to Arricle 14, Divisio n 2 0fth" ;utð.ï tn" ,r".. "i thã pubtic hearing, the planning
commission voted 7_0 to recommen iultit" no-¿ "f-c"*ty'commissioners
approve the
;;iJ"li*t and regulations for Mineral Resource Areas'
H.onMay4,zfJzl,theBoardofCountyCommissionersheldaoublichearingto
consider whether il;Tå"lá designate rr¿i*ø n"ro,rrrã Ar* u, areas of state interest in Garfield
county, and to consider proposed t""t ;;;d-;nts adding ;;id"ii""t and regulations for Mineral
Resource Areas'o Á*i"it 1i' Division 2 of the LUDC'
I'TheBoardofCountyCommissionefsonthebasisoftherecordandsubstantial
competent evidence produced at ú*";i;r.*entioned^-Learing, has made the following
deteiminations of fact:
1. That proper public notice was provided as required for the hearing before the Board of
Mineral Resource Areas
CountY Commissioners
were heard aI that meeting
3. The code Text Amendment is in compliance with the criteria for approval established
i" S"",io" 4-114 of the LUDC ; and
2. The hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and i;;t wer" "'bmitted
and that all interested parties
4
5
ThatfortheabovestatedandotherreasonstheproposedCodeTextAmendmentism
the best interest of ttt" tteutttt, safety, "o".,o"ti""åe'
àrder' prosperity and welfare of the
citizens of Garfield CountY'
PursuanttoSection24-65.I.40l,CRStheBoardofCountyCommissionersfurther
finds that the designliorrirvri"eral Resource Areas is necessary because:
a. The intensity of current and foreseeable development pressures of mineral resource
*"u, in Garfield County is significant; and
b. Mineral resoufce afeas afe appropriate areas of state interest because of'the value
of mineral resources in Garfield il"ty and the potential impacts associated with
their extraction; and
c. uncontrolled development of Mineral Resource Areas is potentially injurious to
public health, s-afety, wetfare a1d the environment; and dèvelopment of Mineral
Resource Ar;;ï; toor¿irrut.¿ manner minimizes those impacts'
6. Pursuant to Section 14-203'Bof the LUDC' the Board considered the
2
a. Boundaries of the proposed area of state interest; and
b. Conformity with the Comprehensive Plan.
NOV/, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that Mineral Resource Areas are hereby designated as Areas of State
Interest. Further, the LUDC is hereby amended to include Guidelines and Regulations for the
administration of Mineral Resource Areas attached hereto as Exhibit A, and the Mineral Resource
Area Map is hereby adopted and attached hereto as Exhibit B'
ADOPTED this
-
daY of 2020
ATTEST:BOARD OF COLTNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Clerk of the Board Chairman
Upon motion duly made and seconded the Board of County Commissioners approved the
proposed Text Amendment, by the following vote:
AyeA{ay
AyeÀ{ay
Mike Samson .AyeA{ay
By
J
EXHIBIT A
4
LUDC
2013
GARFI ELD COUNTY, COLORADO
Art¡cle 14. Areas and
Activities of State
lnterest
Article 14
AnrnsANDAcrlvlrlEsoFSrnrrlnrEnesr
Table of Contents
GENERAL. ..........
14-101. PurPose and lntent
14-102. AuthoritY and severabilitY
14-103. Applicabilitv' "" """""
iÄ-lói D'esignateá Matters of state lnterest
DJrtîåi ?:''ilË\T,Ëuü"ËììocÈöö ËöR ro¿i ÞeR*rr. . ' .'. . . 5
14-30L Common Review Procedures ""' ' ""5
14-302' Minor Permit Review Process""' " ""' 8
14-303. Major Permit Review Process""' "' "" 9
14-304. Technicat Revisions ,no ró¿î Ëäitit nt"ndments""' """ 10
DtvtsloN 4. 1üi'ÞËnrvlú nppucnTloN SUBMITTAL
REQUIREMENTS"""""'1" """" 11
l4.4ol.DescriptionofSubmittalRequirements.......'.'.....'....'.........11
14-402. AdditiJnal submiual R"d;;;i;ñii"åble to Areas Around an Airport or
HeliPort. """""""""20
j4_403. Additionar submittat n"quìr"rånis Áppricaote ió óevelopment in Areas Around
Rapid or. r,nã'Jriansii racirities' """"" ""'21
j4_404. Additionar submittar n"quioränis Áppricable to Municipal and lndustrialwater
Projects' """""""""21
14_40s. Additionar submittar n"qrìiåä"nir Áppri""nrå to site selection of solid waste
DisPosal Sites' """"21
14-406. Additional submittal n"qrìråt"nit Ápprit"otã to site selection of Major New
Domestic water and sewag" ü"ãtr"nt systems. """"""""""'21
14_407. Additionar submittar n"qriiJrå.il Á'ppr¡""nr" iä éit" Selection of Maior Extensions
to Existing Domestic water ani så*ág" Treatment systems. "'"""""""""'22
14-40g. Additional submittal n"qiii"ä"ñtt npdicautã to s¡t" selection For Arterial
Highways, tntercnanges 91d Cãitector Highways'-' ""'22
14-40s. Additionat submittat n"írirãrã;it í;s,i" sårã.tion For Rapid or Mass Transit
........-22
, o-]îå' ÄiÏff:lËt"ffiìtia nåq'ì'å;";i; i; öìiä éåì""tion ior nxeo Guidewavs
14-411. Additional submittat Requirem;i; ÀppËble to site selection for Airport or
;;-1,,1'"ÄiL:*Utiîi:,'å'"ïì.,;.,'å"i, nóóii""oìä iä Mi,i.s öËi"i¡än' in nnin""i
DIVISION 1.
I
I
I
1
,1
.2
.2
.3
4
,4
,.4
..4
23
23
24
37
37
.43
Resource Areas'
DIVISION 5. ı;i ËËNUIIT APPROVAL STANDARDS
14-30L General Approval Standards'
14_502. Additi;;i"*anJaros nppticãnte to Rapid or Mass Transit
Gnnrlelo GounrY Ltt¡o Use lHo DEVELOPMEruT GOOE
Facilities
14-i
14-503. Additional Standards Applicable to Site Selection of Solid Waste Disposal Sites..44
A. State and Federal Regulations............. ................44
14-504. Additional Standards Applicable To Site Selection of Domestic Water and Sewage
Treatment Systems. ............ ....45
14-505. Additional Standards Applicable to Site Selection for Arterial Highways and
lnterchanges. ............ ......... .....45
14-506. Additional Standards Applicable to Areas Around Airports and Heliports. ............. 45
14-507. Additional Standards Applicable To Site Selection of Airport or Heliport Location or
Expansion. ..............50
14-508. Additional Standards Applicable to Mining Operations ln Mineral Resource Areas...
DIVISION 6. FINANCIAL GUARANTEE
14-601. Financial Guarantee Required.
14-602. Amount of Financial Guarantee
14-603. Estimate. .................
14-604. Form of Financial Guarantee
14-605. Release of Guarantee. ...........
14-606. Cancellation of the Financial Guarantee
14-607. Forfeiture of Financial Guarantee
DIVISION 7. 1041 PERMIT ADMINISTRATION AND ENFORCEMENT.
14-701. Enforcement and Penalties.
14-702. 1041 Permit Suspension or Revocation
14-703. Transfer of 1041 Permits.
14-704. lnspection.
14-705. Judicial Review......
51
56
56
56
56
57
57
57
57
58
58
58
59
59
59
GnRneuo Cou¡¡rv Ln¡¡o Use r¡ro Developme¡¡r Cooe 14-ia
(This Page Left Blank lntentionally)
GrRrlelo Coururv Ln¡¡o Use ¡¡l o DeveuoPuenr Cooe
t4-i¡¡
DIVISION 1. GENERAL
ARTICLE 14: AREAS AND ACTIVITIES OF STATE
INTEREST
14.101. PURPOSE AND INTENT.
A. GENERAL PURPOSE. The purpose of this Article is to establish the framework
for identification, designation and administration of matters of state interest in a
manner that conserves natural resources, is sensitive to surrounding land uses,
and protects the public health, safety, welfare and the environment of Garfield
County consistent with C.R.S. S 24-65.1-101, ef seq.
GUIDELINES AND REGULATIONS FOR ADMINISTRATION. This Article shAII
constitute the guidelines and regulations for administration of matters of state
interest under C. R.S. S 24-65.1-402.
C. INTENT. lt is the intent of the County that this Article be applied in a manner that
is complementary to and harmonious with the state and federal regulatory laws
and regulations.
1 4.102. AUTHORITY AND SEVERABILITY.
A. Authority.
This Article is authorized by, inter alia, C.R.S. SS 24-65.1-101, ef seq; SS 29-20-101,
ef seg; SS 30-28-101 ef seg; and $$ 30-28-201, ef seq.
B. Severability.
lf any section, subsection, sentence, clause, or phrase of this Article is, for any reason,
held to be invalid or unconstitutional by a court of law, such decision will not affect the
validity of this Article as a whole or any part other than the part declared invalid.
1 4.103. APPLICABIL¡TY.
This Article will apply to the Designation and regulation of any area or activity of state interest
wholly or partially in the unincorporated areas of Garfield County, whether on public or private
land, that has been or may hereafter be designated by the BOCC.
14.104. DESIGNATED MATTERS OF STATE INTEREST.
A. Areas of State lnterest.
1. Areas around Airports and Heliports. Specifically, the outer extremities of
the lmaginary Surfaces for the particular Airport or Heliport, including all
lands, water, airspace, or portions thereof which are located within this
boundary. lf the Noise lmpact Boundary extends beyond the outer
extremities of the lmaginary Surfaces, the lmaginary Surfaces will be
extended to incorporate the Noise lmpact Boundary for purposes of this
Article.
2. Areas around Rapid or Mass Transit Facilities, Terminals, Stations, or fixed
guideways.
3. Mineral Resource Areas as shown on the County's Mineral Resource Area
Map.
B
Grnnelo Coururv Ln¡ro Use nruo Developue¡¡r Gooe 14-1
a.Within Mineral Resource Areas, onlY Min ing Operations are subject
to these Regulations'
b. other development which would not interfere with the extraction
and exploration of minerals may be allowed in a.Mineral Resource
Area if approveo pursuant to tire county Land use Development
Code.
c. unless othenruise specified in this Article, an Applicant seeking a
permit to ðonouct a Mining operation is not subject to other
Provisions of the LUDC'
B. Activities of State lnterest'
1. Efficient utilization of municipal and industrialwater projects.
2. Site Selection and development of Solid Waste Disposal Sites except those
sites specified in C.ñ.S. S 25-1 1-203(1), sites. designated pursuant.to Part
ã ot nrti"l" t t ot iitte 25; C.R.S., and hazardous waste disposal sites, as
defined in C.R.S' S 25-15-200'3'
3. site selection and construction of major new domestic water and sewage
treatment systemi and major extension of existing domestic water and
sewage treatment sYstems.
4. Site Selection and construction for Arterial Highways, lnterchanges' and
Collector HighwaYs.
s. Site Selection and construction for Rapid or Mass Transit Terminals,
Stations, or guidewaYs.
6. Site Selection for public Airport or Heliport location or expansion'
14-105. EXEMPTIONS.
This Article shall not apply to any development in the above identified areas or activities
of state ¡nteiesì if any oåe ot theiollowing is true as of May 17, 1974"
1. The specific development or activity was covered by a current Building
Permit issued bY the CountY'
2.Thespecificdevelopmentoractivitywasd.irectly.approvedbythe
electorate of the Ståt" or the Couniy, provided that approval by the
electorate of any nonã ittr" by itself shàll not be construed as approval of
the specific development or activity'
3. The specific development or activity is on land which has been finally
approved, with or witnout conditions, for a PUD or land use similar to a
PUD.
4. The specific development or activity is on land which was either zoned or
rezoned in responsäto an applicatión which specifically contemplated said
specific development or activity'
I4-106. RELATIONSHIP TO OTHER COUNTY STATE AND FEDERAL REQIUREMENTS'
A. More Restrictive Standards Apply'
whenever the provisions of this Article are found to be inconsistent with the statutory
criteria forthe administration of matters of state interest in c'R's ss 24-65'1 -202 and204'
the more restrictive standards or requirements will control'
B. Definitions.
Glnnelo Counrv Lnuo Use l¡lo DeveloPme¡¡r Gooe 14-2
set forth in Article the LUDC15 of
Terms in this
control
Article wil I have the meaning
C. GomPliance Matters'
unless othen¡rise set forth in this Article' nothing in this Article exempts an Applicant from
comptiance witn any';î'#;';;ñ;;jË d,;i;;äY'-itents, the comprehensive Plan or
other state, federat, ärlå""r ,,écuir"mentîïJ'*irr't"0"'"t' 'ìät"'
or local approval preempt
or otherwise obviate"th; *Ji; comply with this Article'
D. No lntent to Conflict'
This Articre wiil not be appfied to_ create a confrict with any state or federal laws or
requrations. where it wourd be impossibËì" "".prv
witn ootn å requirem_en1,'j tn'r Articre
,nã " state or fedeiat requirement, tñ;'.''.oiã siringent oiproteitive requirement shall
E. Coordinated Review and Permitting'
AnyApplicantforaPermitunderthisArticlethatisalsosubjecttotheregulationsofother
state or federal "g"nãË;'räv
iéqu"rt tnäiinä ò"*tv application and review process be
coordinated with that of the other "g"n.y]'ihã
cá""ti *iri åit"-pt to eriminate redundant
app'cation suomittåìi"örìr"r"ntr-#t*iri'åäo"räîÅäí" itsìäview of the application with
that of other agenä;; ;ppropriate.
'ïó in" extent pracicaote and appropriate' the
county wi, arso attempt to coordinate'tne teims and .onäitionr of approvar with that of
other agenctes'
14-'IO7 . PERTIIIT REQUIRED'
fi" ,#åÏl,i:Ti3:Tine rocar permit Authority. rhe Bocc will exercise all powers
and duties granted it by this Article'
B.PermitRequiredPriortoEngaginginDesignatedActivityorDevelopmentin
*" o"r'rïïn'ît;3å:"'î" q-"Ìi.9i?t^"ii:l,Y':ffi1:"t" interest' or ensase in devero-pment
in an area of siate interesr, *n"ìiiäii""**, "iitñi"
ìiãunìñ.orpor"ted areas of the countv
without rirst obtainins either l ,Jå,.î iin.4¡i..,;iì;;;iö;ì'po'"iil
or "permit") or a "Findins
of No s¡gnùiããnì imiact' under this Article'
C. Term of Permit'
Approval "i';i'01ì'Ë"*it
*irr lapse after 12 months' unless:
l.ActivitiesdescribedinthePermithavesubstantiallycommenced;or
2.TheBOCCspecifiesadifferenttimeperiodinwhichBuildingPermitsmust
Oä oOtained or activities must commence'
3.TheBOCCmayatitsdiscret.roncxtendthetermofal04lPermitifthe
permittee suomíts å written |'"qr"rii'r-',åtio expiration of the permit detailing
lne neeO for such extension'
D. Renewal. , .^,,^.-.iÁ^ +!ìa êârnê nrocedure for approval of a new
A lqíl permit may be renewed following the same procedure for approval of a nevt
application- råi tortn in-oivisitï4-;f ihË nrticË' înã aocc mav impose additional
conditions at the time of ,,"n"riär ii nËcessary to'ãnsure that the project wit comply with
this Article'
i*,, ¿?ÍÍ,1 î:i:Ï î,.åj'H,l ffi ,'i I i", il"Hii: ""'"t"5 åå,"0_,: b" a s ite s peciri c
Devetopment plan and no rtriüiãw'"ått"o tigntt will inure to such permit'
Glnrtelo GounrY LnHo Usr ¡¡¡o DeveloPMENT Cooe
14-3
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST
14.201. APPLICABILITY OF DESIGNATION PROCESS.
The designation process set forth in this Article will apply to the designation of any matter of state
interest after the effective date of this Article. The designation process will not apply to those
matters of state interest designated by the BOCC prior to the effective date of this Article, which
designations will remain in effect.
14.202. INITIATION OF DESIGNATION REQUEST.
Designations and amendments or revocations of Designations of areas or activities of state
interest may be initiated by the BOCC.
14-203. DESTGNATION PROCESS.
A. Public Hearing by BOGC.
A request for Designation of an area or activity of state interest will be considered by the
BOCC at a Public Hearing.
'1. Public Notice. The Director will publish a notice of the Public Hearing at
least 30 days and not more than 60 days before the hearing, in a
newspaper of general circulation in the County. The notice will include the
time and place of the hearing, a general description of the Designation
requested, and the place at which relevant materials may be examined.
B. Matters to be Gonsidered at Designation Hearing.
At the Designation hearing, the BOCC will consider such evidence as may appear
appropriate, including the following considerations:
1. The intensity of current and foreseeable development pressures;
2. The reasons why the particular area or activity is of state interest, the
dangers that would result from uncontrolled devélopment of any such area
or uncontrolled conduct of such activity, and the advantages of
development of such area or conduct of such activity in a coordinated
manner;
3. Boundaries of the proposed area of state interest; and
4. Conformity with the Comprehensive Plan.
C. Adoption of Designation and Regulations.
Within 30 days after completion of the Public Hearing, the BOCC will take action by
resolution to adopt, adopt with modifications, or reject the proposed designation and
regulations interpreting and implementing its guidelines for an area or activity of state
interest.
1. lf the BOCC rejects the designation and/or proposed regulations, the
BOCC may at its discretion regulate the matter under any other available
land use control authority or it may reject regulation of the matter entirely.
2. The BOCC action will be taken by resolution.
3. Upon adopting a Designation, the BOCC will adopt regulations for its
administration.
D. Record of Designation Proceedings.
The record of decision will include the following materials:
Gannelo Courury LAND UsE aruo Devetopnllext Cooe '14-4
Certificate of publication of the Public Hearing notice;
The minutes of the Designation Hearing;
Written findings concerning each of the considerations set forth in section
14-203.8., Matters to be Considered at Designation Hearings; and
The recorded resolution adopting the designation and regulations.
14-301. COMMON REVIEW P
A. GonsultantsandReferralAgencies.
The following provisions apply to all 1041 Permit applications.
1. Consultant and ReferralAgency Review. The Director may authorize all or
a portion of the review of any phase of an application to be performed by
an outside consultant and sent to referral agencies.
2. Applicant Responsible for Review Costs. The costs of consultant and
referral agency reviews are the responsibility of the Applicant.
B. Pre-Application Conference.
An application for a 1041 Permit will begin with a pre-application conference between the
Applicant and the Director or staff.
1. Procedure. The Applicant will make a request for a pre-application
conference through the Community Development Department. At the
conference, the Director will explain the regulatory process and
requirements and begin to evaluate the appropriate level of review.
a. Scheduling of Pre-Application Conference. The Director will
schedule a pre-application conference to be held within 20 days of
receipt of a request for a pre-application conference.
b. Materials. At or before the pre-application meeting, the Applicant
will submit a brief explanation of the project, including the following
materials:
(1) The Applicant's name, address, and phone number.
(21 Map prepared at an easily readable scale showing:
a. Boundary of the proposed activity;
b. Relationship of the proposed activity to surrounding
topographic and cultural features such as roads,
streams, and existing structures; and
c. Proposed building, improvements, and
infrastructure.
(3) Written summary of the project that is sufficient for
determining the appropriate level of review.
c. Participants. ln addition to the Community Development
Department staff, participants in the pre-application conference will
include appropriate staff to address potential issues raised by the
project.
1.
2.
3.
4.
DIVISION 3. REVIEW PROCESS FOR 1041 PERMIT.
Grnrrelo Coururv LAND UsE eruo Developruerur Gooe 14-5
3
of this Article; or 'mPact in anY 1
(2) The project is likety to have severe adverse t
category of standarot 'IiätiiuJ in Division 5 of this
Article'
b. Minor Permit Review' lf the proiect does notwarrant Major Permit
Review, tnen ìtwitt be process"íãt a Minor Permit Review'
Call-up of Director's Level of Review Determination'
a. Call-up by the Board' The BOCC may' at its discretion' call-up the
Director's oätermination at the ;;;i 'ät"¡rv-¡c¡eguted
meeting of
the Bocc for which proper;î;tî-inttusion on the Bocc
asenda ""n
o'å "åäiîpîirl"o,
toiäiìnıinå ããt" of written notice of
the determî.",iä" ãï i"u"r ot ãäi'iihèui"* . Jh" BoCC may
approve,tåtiö";*'"titn"DËi;¡;dìterminationbasedonthe
criteria in sectión 14-301'C'
b. Request for Call-up' Within 10 days of the date'of written notice of
theDirector,sdetermination,itä,ÀppticantlnaY-reouestthatthe
BOCC cail up the determ,n"iìå-n'ä-it, next regularly-scheduled
meeting to|. *i.iðn p,op"l' notiå"""i.n" "lðomptisned
by inclusion
on the BOCC agenda' fne góCC may approve' modify' or reject
the Director,s détermination Ë;d 'åî
tnä criteria in section 14-
c,
301.C.
Call-up Request.by Director' Witll: ten (10) days of the
Director's determrnåtion' tt'l" Director täu'*óu"tt tn"t the BOCC
review the Director''i"å¡tion at its next ieguiarly-scheduled
meeting for which ;ö;;ii* àtn be accomplished'
GtRrlelo GounrY Ln¡lo U sE AND DeveuoPrul gHr Goor
,|.4-6
D Change in Level of Permit Review.
At any time prior to the final decision by the BOCC, the County may decide that information
receiúed since the pre-application coñference indicates that the nature and scope of the
impacts of the projäct aie such that a different level of review is required. lf a different
level of review is required, the Director will immediately notify the Applicant, the BOCC,
and the County AttorneY'
E. Permit APPlication Fee
The Applicant is responsible for all costs of reviewing and processing the Permit
application.
1. Fee Requirement
a. Any application for a 1041 Permit must be accompanied by the
"pótopii"t"
fees. A schedule of fees is available through the
iommunity Development Department. An estimated range of any
potential fees will be disclosed in the pre-application conference
summary. This estimate is nonbinding.
b. The County may require a deposit for payment of consultant and
referral agency review fees, based upon estimated consultant
review coéts at the time of application, and in addition to the
application fees.
c. The amount of the payment may be increased at any time it is
determined by the Director that the fee is not sufficient to cover the
actual costs associated with the application.
d. The County may suspend the application review process pending
payment of consultant costs.
2. PaYment of Additional Costs
Additional costs for reviewing and processing the Permit application include
but are not limited to the costs of legal, consultant, and referral agency
review of the Permit application, the pre-application conference,
completeness determination, and all hearings and meetings on the Permit
application. Such costs are in addition to the application fees paid pursuant
to E.1 above and shall be billed to the Applicant. All additional costs must
be paid in full prior to final action by the Board of County Commissioners
on the Permit aPPlication.
F. Determination of Gompleteness'
Within 30 business days of receipt of the application materials, the Director will determine
whether the applicatión is complete based on compliance with the permit application
submittal requirements set forth in Division 4 of this Article.
1. Application is Not Complete. lf the application is not complete, the Director
will inform the Applicant of the deficiencies in writing and willtake no further
action on the application until the deficiencies are remedied. lf the
Applicant fails to correct the deficiencies within 60 calendar days, the
application will be considered withdrawn and returned to the Applicant.
2. Application is Complete. lf the application is complete, the Director will
certify it as complete and stamp it with the date of determination of
comPleteness.
GINTIEIO GOUHTY LN¡IO USE AND DEVELOPMENT Cooe 14-7
3. Extens ion of Time fo r Determinati
considerations:
a.ScopeofApplication.Thes:opeofapplicationissufficientto
require aooifiãnãr üme tor the Diräctor to review the application for
a determination of comPleteness'
b.staffWorkload'TheDepartment'sworkloadduetothevolumeand
scope ot p",äìng ãópli"ätions justifies the need for an extension of
time.
G.EvaluationbyDirector,staff,Gonsultants,andReferralAgencies'
Takingintoconsiderationinputfromreferralagenciesandconsultants,theDirectorwill
review tne apäiicãtior to oetermilä'ii tné pro¡éct satisfies the appricabre standards set
forth in oiuiriol"äüi'ii""nrt"Ë.'ïn" oir".tor wiil prepare a staff report discussing issues
raised Oy staf än-Oi"iérrrf "g"n.i"r,
*hetherthe standards have been satisfied' Mitigation
requirements, ràcommendeã .onåiiion, óf-"pprou"r, and additionar information pertinent
to ieview of the aPPlication'
H.NoticeofPublicHearing.No.J.alerthan30daysafterthecompleteness
determination, the county sîall publish notice of a hearing as follows'
l.NoticebyPublication.Atleast30calendardaysbutnomorethan60
catendar oays prioiiå in" ã"t" of a scheduled Public Hearing, the Applicant
will have published á nót¡." of Public Hearing in a newspaper of -general
circulation in the "ì"" tñàt the project is loca[ed. The notice will follow a
form Prescribed bY the CountY'
2.NoticetoAdjacentPropertyowners'Atleast30calendardaysbutnomore
than 60 catendar O"Vtïi¡ót to the date of a scheduled Public Hearing' the
Applicant w¡rr seno-f-vi"rtii"J mail, return receipt requested, a written
noticeofthePublicHearingtotheownersofrecordofalladjacentproperty
within a bg0-foot-raOirt Jt tft" pro¡ect site boundaries' The notice will
include a Vicinity Itiãp, tn" prðpãttú'r legal description,.a short narrative
describing the project, and an
"nnorn""rnänt
of the date, time, and location
of the scheduled hearing(s)'
3. proof of Notice. At the public Hearing, the Applicant wìll provide proof of
puÉÍcation and notification of Adjacent Property Owners'
4.NoticetoAirportSponsor.lfanapplicationinvolvesareasaroundAirpotts
or Heliport", o, tt"'-åËitã selection'of an Airport or Heliport' then Applicant
must also senO nV cãrtified mail, return rec'eipt requested' a written notice
of the pubtic n"ríiö'ö tn" Áitöott épontot.' The notice will follow a form
prescribed bY the CountY'
14.302. MINOR PERMIT REVIEW PROCESS'
A. Outline of Process'
TheMinorPermitReviewwillconsistofthefollowingprocedures:
1. Pre-aPPlicationconference;
2' Application;
authorize an extenslon of time to comPlete the review for determination of
compl eteness uP to an additional60 business daYs' The extension of time
for determi nation of completeness will be based uPon the following
3.Determination of comPleteness;
on of ComPlete ness. The Director maY
GARFIELD GouurY Llt'¡o UsE AND DeveuoPrue¡lr Cooe '|.4-8
Evaluation bY the Directo r/Staff review; and
Public Hearing and decision by the BOCC'
4.
5.
B. Review Process'
1. Pre-Application conference. A pre-application.conference will be held in
accordance witn thã provisions of
'section 14-301.8., Pre-Application
Conference.
2. Application. The application materials are set forth in Division 4 of this
Article.
3. Determination of Completeness. The Director will review the application
for determination oi
"ãtpr"teness
in accordance with the provisions of
section 14-301.G., Determination of Completeness'
4. Schedule public Hearing. Not later than 30 days from the determination of
completeness, tne oiieãor will schedule the application for Public Hearing
úV inå 3OCC ,niprOiin tn" notice pursuant to section 14-301'H', Notice
of Public Hearing.
5. Evaluation by Director/staff Review. upon determinatio.n of completeness,
the Director will reviãw tne apptication and prepare a staff report pursuant
to section 14-301.G of this Article'
6.ReviewandActionbytheBocc'Followingpropffpublicrylige.th.9
BOCC will consiJer tne application at a Public Hearing' The BOCC will
approve, "pprouà
with conditions, or deny the application based upon
ðãñipriaÅce *itn tn" applicable standards in Division 5 of this Article'
(r)ApprovalofApplication.lftheapplicationsatisfiesallofthe\ -'
appticabte stan'därds, the application shall be approved.
(21 conditionalApproval or Denial of Application. lf the application fails
to satisfy;yï;; of the applicable standards, the application.shall
be denieJ ór-the application may be approved with conditions
determined n"cessary for compliance with applicable standards'
14.303. MAJOR PERMIT REV¡EW PROCESS'
A. Outline of Process'
TheMajorPermitReviewwillconsistofthefollowingprocedures:
1- Pre-aPPlicationconference;
2. APPlication;
3. Determination of comPleteness;
4. Evaluation by the Director/Staff review;
S.RecommendationbythePlanningCommission;and
6. Public Hearing and decision by the BOCC
B. Review Process'
1. pre-Application Conference. A pre-application.conference will be held in
accordance w¡tn tne provisions of
'section 14-301.8., Pre-Application
Conference.
G¡nnelo Cou¡lrY L¡t'¡o Use ¡ruP DeveloPuem Gooe 14-9
2 Application
Article.
The application materials are set forth in Division 4 of this
3. Determination of Completeness. The Director will review the application
for determination of completeness in accordance with the provisions of
section 14-301.G of this Article.
4. Evaluation by Director/Staff Review. Upon determination of completeness,
the Director will review the application and prepare a staff report pursuant
to section 14-301.G of this Article.
S. Review and Recommendation by the Planning Commission. Within 45
days of the completeness determination, the Planning Commission will
coñsider the application at a meeting and send its recommendation to the
BOCC.
a. Recommendation of Approval. lf the application satisfies all of the
applicable standards, the Planning commission shall recommend
that the aPPlication be aPProved.
b. Recommendation of Approval with Conditions or Denial. lf the
application fails to satisfy all of the applicable standards the
ilanning Commission will recommend that the application be
denied or recommend approval with conditions determined
necessary for compliance with the applicable standards'
6. Schedule BOCC Public Hearing. The Director will schedule the application
for public Hearing by the BOCC in accordance with 14-301 H of this Article.
7. Review and Action by the BOCC. The BOCC will consider the application
at a public hearing, upon proper public notice. The BOCC will approve,
"ppróu"
with conditions, or deny the application 9"990 upon compliance
witn the applicable standards in Division 5 of this Article.
a. Approval of Application. lf the application satisfies all of the
applicable standards, the application shall be approved'
b. ConditionalApprovalor Denial of Application. lf the application fails
to satisfy any one of the applicable standards, the application will
be denied or approved with conditions determined necessary for
compliance with applicable standards.
14.g04. TECHNICAL REVISIONS AND IO4I PERMIT AMENDMENTS
Any change in the construction or operation of the project from that approved by the BoCC will
require eii-her a "technical revision" or a"1041 Permit Amendment."
A. Submittals.
To request a technical revision, the Applicant will submit the following information and
materials to the Director:
1. A coPY of the current 1041 Permit;
2. As-built drawings of the project;
g. A written description of the proposed changes to the project together with
drawings and plans of the proposed changes; and
4. Additional mitigation Plans'
GnRnelo Coururv LAND UsE n¡¡o DeveloPMENT Cooe 14-10
B.Determination of Whether Ghange is a Tec hnical Revision o¡ 1041 Permit
Amendment.
The Director will make the initial determination whether a change is a technical revision or
a l}4j permit Amendment within 30 days following receipt of the request and necessary
submittals. Within S days of the Director's determination, the Director will notify the
Applicant and the BOCC, in writing, of the determination'
C. Technical Revisions.
A proposed change will be considered a "technical revision" if the Director, in his or her
discretion, determ'ines that there will be no increase in the size of the area affected by the
project or the intensity of impacts of the project. The Director may determine that even
inoirgn the proposed óhanges will increase the size of the area affected or the intensity of
tne iñrpact., th" impact iJinsignificant so as to warrant a technical revision finding. A
òn"ngå to a condition of approval will not be treated as a technical revision. Upon finding
that t-he change is a technical revision, the Directorwill approve the change to the 1041
Permit.
D. l04l Permit Amendments.
Changes other than technical revisions are conside red 1Q41 Permit Amendments' A 1041
permä Amendment will be treated as a new application and processed according to
Division 3 of this Article.
E. Call-Up of Director's Determination.
l. Call-up by the BOCC. The BOCC may, at its discretion, call up the
O¡rectbfs determination that a change is a 1041 PermitAmendment, rather
than a technical revision at the next regularly-scheduled meeting for which
proper notice by inclusion on the BOCC agenda can be accomplished,
following the daie of written notice of the determination. The BOCC may
"pprouJ
or reject the Director's determination based on the criteria in
section 14-304'C and 14-304.D.
2. Request for Call-Up. Within 10 days of the date of written notice of the
Director's determination, the Applicant may request that the BOCC call-up
the Director's determination at its next regularly-scheduled meeting for
which proper notice can be accomplished by inclusion on the BOCC
agenda. ine BOCC may approve or reject the Director's determination
based on the criteria in sections 14-304'C and 14-304'D'
3. Request by Director. within ten (10) days of the Director's
determinat'lon, the Director may request that the BOCC review the
Director's decision at its next regularly-scheduled meeting for which
proper notice can be accomplished'
The following submittal requirements apply to any application for a 1041 Permit.
14.401. DESCRIPTION OF SUBIVIITTAL REQUIREMENTS.
A. Waiver.
The Director may waive one or more of these submittal requirements when the information
would not be relevant to a determination as to whether the project complies with the
applicable standards in Division 5.
B. Application Form.
Appli cant shall obtain an aPP lication form from the CommunitY ent Department.
DIVISION 4 1041 PERMIT APP LICATION SUBMITTAL REQUIR EMENTS.
GrnnElo Cou¡¡rv L¡¡¡o Use AND DEvEloprrnerur Cooe
Developm
14-11
1 OwnershiP. The application sha ll include a deed or other evidence of the
owner's title or ownersh ip interest in the land for which a 1041 Permit is
2
requested.
Authorized Applicant. completed application forms and accompanying
materials shall be "rOt¡tt"d
to the bìrector by the oryler, or any other
person having " r"ãoınitào fee title interest in the land for which a 1Q41
permit is proposed,-;;bt any agent acting through written authorization of
the owner.
a. Authorized Agent. lf the Applicant is not the owner of the land, or
is a contract"iurchaser of the land, the Applicant shall submit a
letter signed by the owner consenting to the submission of the
aPPlication.
b. Applicant is Not the sole owner. lf the Applicant is not the sole
owner of the land, the Applicant shall submit a letter signed by all
other ownei, o|' "n association representing all the owners, by
whichallownersconsenttoorjoinintheapplication.
lnformation About Applicant. The application form shall contain the
following information describing the Applicant:
a.Thename(s),address(es),emailaddress(es)'faxnumber(s)'
organization'io*(r), aàd'business(es) of th9 Applicant, and if
different, ffre ownèr of the project, the land .owner, and other
representativesauthorizedtosubmittheapplication;
b. The names, addresses, and qualifications, including those are-as of
expertise anã àiperience with projects directly related or similar to
that proposed in ine application package, of individuals who are or
will be responsible for'constructing and operating the project;
c.Authorizationoftheapplicationbythepropertyowner,ifdifferent
than the APPIicant; and
d. Documentation of the Applicant's financial and technical capability
to develop ånO op"t"te'the project, including. a description of the
Applicant;s ã"p"ri'"n." developiñg and operating similar projects'
3.
c lnformation Describing the Proiect'
1. Project Narrative. A narrative description of the project, including the
location of tñå proposeo facility by reference. to .its relationship to any
physical features, inïersectionr, io*ñt, or other locations, that are generally
reóognized by the citizens of Garfield County'
2. ldentification of Alternatives'
a. Descriptions of alternatives to the project that were considered by
tne Apþlicant and reasons why they were rejected'
b.Justificationthattheprojectrepresentsthealternativethatbest
.o,.''öli* *tn ini" Article and is the least detrimental practicable
alternative'
3. Project Need. The need for the project, including existing/proposed
facilities tnãi perrorm the same or ielated function and population
projections "ì ı.*tn trends that form the basis of demand projections
justifYing the Project.
G¡nnelo Coururv Lnlo Use lruo DeveloPt'¡eu Cooe 14-12
4.Conformance with ComP rehensive Plan. A narrative description explaining
5
how th
munici
Area.
Maps.
a.
b.
e project is in conform ance with the County's Comprehensive Plan,
pal master plans, and any other applicable plans within the lmpact
Vicinity Map. Location of the project shown on usGS quadrangle
map. Íne map shall clearly show the project site boundaries and
all property within a 3-mile radius of the site.
Site plan.
A detailed map of the project site at a scale determined by the
Director. The site plan shall include:
(1) North arrow, scale, and legal description of the site;
(2) Area of the site and clearly identified boundary lines, corner
pins, and dimensions of the site and land survey data to
identify the site including section corners, distance and
bearing to these corners, quarter corners, township, range;
(3) Topogiaphic contours at vertical intervals sufficient to show
the topograPhY affecting the site;
(4) Parcels ãnd iand use within one mile of the proposed
activity, identified by zoning, size and use;
(5) Locations of special district boundaries, municipal
watershed boundaries, municipal boundaries and
boundaries of residential subdivisions within one mile of the
proPertY;
(6) Þroposêd and existing Transportation Corridors identified
by I'ocation and dimension, and Forest Service, Bureau of
Lãnd Management, and private roads on-site and within one
mile of the boundaries of the site;
(7) Location of all fire, police and emergency response service
facilities nearest to the Project;(8) Easements recorded or historically used, and proposed
easements that provide access to or across, or other use of
the property, shown by approximate location, dimension,
use, and grantee;
(9) All existing and proposed structures and appurtenant
facilities, shown by location and dimension; and
(10) Significantfeatures including:
(a) Existing and proposed utility lines;
(n) Natural and artificial drainage ways, ditches,
streams, lakes, Ponds and wetlands;
(c) Dams and reservoirs;(O) Floodways and floodplains located in or within
3 miles of the site, and approximate flooding limits
based on information available through the County;
(e) Vegetative cover;
iO Roók outcrops, soil types, geologic features, and
hazards;(g) Any on-site or off-site feature that influences the
project;
(h) Proposed areas of disturbance shown by location
and dimension; and
(i) Existing and proposed impervious surface areas
GnRrtelo Cou¡lrv Llruo Use luo DeveloPMENT Cooe 14-13
D
shown by location and dimension.
0) The County may require, or the Applicant may
choose to submit, a more detailed version of all or
part of the site plan at a map scale suitable to show
the particulars of the project.
6. Plans and Specifications. Detailed plans and specifications of the project.
7. Project Schedules and Phasing. Schedules for designing, permitting,
constructing, and operating the project, including the estimated life of the
project.
8. Conservation Techniques. Description of all conservation techniques to be
used in the construction and operation of the project.
Property Rights, Permits, and Other Approvals.
1. A list of all other federal, state, and local permits and approvals that have
been or will be required for the project, together with any proposal for
coordinating these approvals with the County permitting process. Applicant
shall provide the County with copies of the permits, approvals, and licenses
upon issuance.
2. Copies of all official federal and state consultation correspondence
prepared for the project; and copies of any draft or final environmental
assessments or impact statement required for the project.
3. Description of the water to be used by the project, including: amount of
water required; amount and quality of the source water; the Applicant's right
to use the water, including adjudicated decrees, applications for decrees,
proposed points of diversion, and the existing uses of water; and any
alternative water sources available to the Applicant. lf an Augmentation
Plan has been filed in court, the Applicant shall submit a copy of that plan.
4. Description and documentation of property rights, easements, and rights-
of-way agreements that are necessary for or that will be affected by the
project.
5. Description of all mitigation and financial security required by federal, state,
and local authorities.
Technical and Financial Feasibility Assessment. Assessment of the technical
and financial feasibility of the project, the Applicant's financial capability to pay for
all phases of the project, and the Applicant's right to and expertise in technology
required for the project:
1. The estimated construction costs for each phase of development.
2. Revenues and operating expenses for the project.
3. Description of debt and equity at each phase of development, debt
retirement schedule and sources of funding to retire debt.
4. Details of any contract or agreement for revenues or services in connection
with the project.
5. Description of the person(s) or entity(ies) who will pay for or use the project
and/or services produced by the development and those who will benefit
from any and all revenues generated by it.
E.
GrRnelo Coururv L¡no Use nruo DevElopuerur Cooe 14-14
6.
J
K.
Estimated cost of Pro posed
estimated reclamation costs
residents
areas
mitigation meas
and schedule.
ures and permit conditions'
F. Land Use'
l.DescriptionofexistinglanduseswithinandadjacenttothelmpactArea.
2.DescriptionofimpactsandNetEffectoftheprojectonlandusepatterns.
G. Local Government Services'
l.Descriptionofexistingcapacity-ofand-demandforlocalgovernment
services including, uut noiiiîoiiåá to, roads, schools' water and wastewater
treatment' water 'uppfy' "t"'g"n"y
- services' tra'nsportation'
infrastructure, and otneråèÑices necess"ty to accommodate development
within Garfield CountY'
2.DescriptionoftheimpactsandNetEffegtoftheprojecttothecapabilityof|;i¿åËr;;;;i, thãt;ärecteo by the project to provide servrces
H. Workforce Housing Assessment'
Anassessmentofthehousingdemandcreatedbytheprojectandplanstoaddressthat
demand, including:
l.Descriptionoftheworkforceassociatedwiththeproject:
a..Estimatednumberofworkersneededtostafftheproposed
project, includingl t;;;ffi; of resident and non-resident
workers.
b. Estimated salary ranges of workers'
2'Analysisoftheavailabledwellrngunitsandwhethertherearesufficient
numbers of dwelling units withinin"'ò"ttty at the appropriate cost to
house workers'
3.Descriptionoftheimmediate.andlong-term.impactan*"Effectsofthe
project on tnã'*ãir"üiiitv òt affordable workforce houslng'
Financial Burden on County Residents'
l.Descriptionoftheexisting.taxburdenandfeestructureforgovernment
services including, but not rimiteãiålãt.ãtt"o u'luation' mill levy' rates for
water"no*ä'iäilatertreatm"ni'"áocostsofwatersupply'
2.DescriptionoflmpactsandNetEffectoftheprojectonfinancialburdensof
Local EconomY'
'l.Descriptionofthelocaleconomyincluding'butn'otlimitedto'revenues
oenerated by the different ".onåhi.i;;ü;
ãno tn" value or productivitv
ãf d¡tferent lands'
t on the local economy
2. Description of imp-acts tnd .Y] Effect of the pro]ec
and opportunities for economic diversification'
Recreational OPPortunities'
'1, Map depicting the..l99"tjo.l oÏ-present anO ¡1111sed
recreational uses
includingbut'notlimitedto,fisñerystream]e9[rents,accesspointsto
recreationar'iårî"i."r, hiking änî' oiriñg trailsl hunting' and wilderness
Glnrtelo GoururY Ltt¡o Use n¡¡o DeveloPMENT Gooe
14-15
2 Description of present and potential
limited to, the number of recreational
recreational uses including, but not
visitor days for different recreational
uses and the revenue generated by types of recreational uses.
3. Description of the impacts and Net Effect of the project on present and
potential recreational opportunities and revenues to the local economy
derived from those uses.
L. Agricultural lmpact Assessment. A description of agricultural lands and operations
in the lmpact Area and a Plan to.
1. Avoid contributing to loss of agricultural land, including farm or ranch land.
2. Minimize impacts on agricultural operations, including irrigation water,
water delivery systems and irrigation schedules.
3. Avoid impacts to livestock, grazing permits or leases, or grazing permittees
or lessees.
M. Areas of Paleontological, Historic or Archaeological lmportance.
1. Map and/or description of all sites paleontological, historic, or
archaeological interest'
2. Documentation of approval from the State Historic Preservation Office
regarding any historical resources potentially affected by the project.
3. Description of the impacts and Net Effect of the project on sites of
paleontological, historic, or archaeological interest'
N. Traffic lmpact Assessment and Mitigation
1. Traffic impact study. A study prepared by a certified traffic engineer that
includes at a minimum:
a. Existing conditions. Description of the baseline condition of road
segmeñts that will be affected by the project, including the existing
physical condition, trips generated by vehicle type on the average
and at peak times, and the existing level of service for those road
segments.
b. Trip generation. For each phase of the project, a description of
proposed average and peak time site trip generation by vehicle type
for the roads that will be affected by the project.
c. Mitigation. For each phase of the project, proposed mitigation of
impácts to traffic including traffic signals, and other measures to
ensure that the level of service for each affected road segment is
not reduced over pre-project conditions.
Z. Traffic Management Plan. A plan that includes measures to mitigate
adverse impacts to traffic for each phase of the project'
O. Air QualitY.
A map and/or description of the airsheds that will be affected by the project,
including the seasonal pattern of air circulation and microclimates'
Map and/or description of the ambient air quality and State air quality
standards of the airsheds that will be affected by the project, including
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